Massachusetts is increasing its enforcement in the motor vehicle repossession space. On Jan. 17, the state Attorney General’s Office stated that it is “conducting an investigation” into “entities collecting, servicing and/or funding” motor vehicle-secured retail installment contracts. Read on to
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FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated
On June 26, the Federal Trade Commission announced a proposed consent order resolving allegations against a group of leather and other clothing accessory companies regarding Made in USA claims in online and print materials and qualified Made in USA claims…
CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services
Introduction
If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone…
Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration
On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was…
Three McGuireWoods Partners Named ‘Influencers in Retail’ by ALM’s GlobeSt.
GlobeSt. Real Estate Forum, an American Lawyer Media publication, has selected McGuireWoods partners Greg Riegle, Chris Thanner and John Visconsi as 2023 Globe St. Influencers in Retail Real Estate. The honorees, all members of the firm’s Real Estate & Land…
Failing to Comply With the Slew of New Data Privacy Laws Can Be Costly to Companies
Over the past few years, many state legislatures have focused on data privacy and security. California, Colorado, Connecticut, Iowa, Utah and Virginia have already passed comprehensive data privacy laws. Many other states have introduced bills that are likely to become…
A Primer on Mass Arbitration
In response to a wave of Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements, plaintiffs’ firms began using the arbitration agreement’s language (and/or the arbitration provider’s rules) requiring that the entity pay virtually all the…
The Price Isn’t Right?
In recent months, retailers have faced increased pressure from litigation related to their sales practices. While there is overlap, sales practices litigation can fall into four different buckets: pricing, data collection, auto-renewal, and “free” lawsuits. This post focuses on trends…
U.S. Supreme Court Clarifies Salary Basis Requirement for Executive Exemption – Maybe?
On February 23, 2023, the Supreme Court of the United States ruled in Helix Energy Solutions Group, Inc. v. Hewitt, that even highly compensated individuals are subject to the overtime requirements of the FLSA unless they are paid on a…
FTC MUSA Labeling Rule Enforcement
The Federal Trade Commission (FTC) issued its Made in USA Labeling Rule on August 13, 2021 (the “Rule”), which has led to significantly increased enforcement in the area. Since then, the FTC has taken actions to enforce the Rule against…