Retail

Subscribe to Retail via RSS
Hands-typing-on-computer-side-view-GettyImages-904449080-Sm

On July 8, 2025, the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Negative Option Rule, also known as the Click-to-Cancel Rule, on procedural grounds. The Click-to-Cancel Rule, which provided a streamlined path for consumers to cancel subscription services in a few clicks of a mouse, was scheduled to take effect on July 14, 2025, but the Court found that the FTC had failed to follow mandatory procedural requirements.

Petitioners argued that the FTC had, in implementing the rule, exceeded its statutory authority, skipped a requisite preliminary regulatory analysis during the rulemaking process pursuant to Section 22 of the Federal Trade Commission Act (“FTC Act”), and acted in an arbitrary and capricious manner under the Administrative Procedure Act (“APA”) by enacting the Click-to-Cancel Rule. The Court agreed, finding that the FTC violated Section 22 of the FTC Act.Continue Reading Eighth Circuit Cancels Click-to-Cancel

Printing machine in a printing shop
Printing machine in a printing shop

More than 200 businesses across California have been served with Notices of Violation (NOVs) of California’s Proposition 65 (“Prop 65”) for issuing thermal receipts at the register and using thermal labels and stickers in their stores. The targeted businesses include large and small retailers, restaurants, banks, gas stations, and grocers. This sudden influx of NOVs…

US Federal Trade Commission FTC Washington DC
US Federal Trade Commission FTC in Washington DC. US Federal Trade Commission is a US Competition independent agency in Washington DC. The FTC handles antitrust and false advertising and other competion issues to protect consumers.

Merger consent orders have returned to the FTC, with the agency’s latest decision highlighting how the current leadership is evaluating divestiture proposals. The FTC has approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that…

Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law-GettyImages-1331137712-Sm

Crowell attorneys have closely monitored developments related to the California Invasion of Privacy Act (“CIPA”). In particular, we have watched plaintiffs attempt to extend this wiretapping law to encompass website chatbot communications that are managed by third parties.

The Ninth Circuit Court of Appeals recently addressed key CIPA issues in Thomas v. Papa John’s International, Inc., No. 24-3557. The decision reaffirms CIPA’s eavesdropping standard as well as the specific personal jurisdiction standard set out in its recent en banc decision, Briskin v. Shopify, Inc., 135 F.4th 739 (9th Cir. 2025).Continue Reading Ninth Circuit Affirms that CIPA Only Applies to Third-Party Eavesdropping

Courthouse facade.
Facade of courthouse with columns.

On June 16, 2025, the first-ever sentences were handed down in a criminal prosecution for failure to report under the Consumer Product Safety Act (CPSA). Judge Dale S. Fischer of the U.S. District Court for the Central District of California sentenced two former Gree USA, Inc. (Gree USA) executives to 38 and 40 months in prison, respectively, for conspiracy to defraud the U.S. Consumer Product Safety Commission (CPSC) and for failure to report information related to defective dehumidifiers under Section 15 of the CPSA.Continue Reading Corporate Executives Are Sentenced in First-Ever Criminal Prosecution for Failure to Report Under the CPSA

Question marks digital interface isolated on blue background 3D rendering
Question marks digital interface isolated on blue background 3D rendering

In a recently published Law360 article, “Appellate Guidance Needed on California Chatbot Litigation,” Jason Stiehl, Jacob Canter, and Kari Ferver discuss how the California Invasion of Privacy Act (CIPA) is being levied in cases against website owners that allegedly help third parties spy on visitors via chatbots. Click here to read the full article.

mocra white paper blog

On June 4, 2025, Crowell hosted its summer Crowell Atelier, a networking breakfast for luxury clients. Crowell’s Preetha Chakrabarti and Emily Kappers organized the event, which featured a presentation by Crowell partner Joanna Forster, a former e-commerce General Counsel and California state prosecutor. Joanna discussed potential reforms to Section 230 of the Communications Decency Act and possible state government activity that will follow from related federal actions, all of which may impact the retail industry.Continue Reading Crowell Atelier June 2025: What Luxury Retailers Need to Know About Possible Section 230 Reform

1748978600-7220-3011-lxb_photoEUsVwEOsblElxb_photo-
Adi Goldstein, Unsplash

Register now to join Crowell & Moring and Allens partners Matthew Welling, Emma Wright, Rafi Azim-Khan, Evan Wolff, and Valeska Bloch on June 5, 2025 from 9:00 am EDT – 10:00 am EDT as they discuss the increasing number of cyberattacks targeting retailers in the U.S. and UK which have led to some high profile breaches. Known as “Scattered Spider,” this latest wave mirrors prior attacks in the U.S., UK, and Australia. Continue Reading Register Now! Scattered Spider Cybersecurity Attacks Webinar

Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law-GettyImages-1331137712-Sm

Register now to join Joanna Rosen Forster, Joachim B. Steinberg, Preetha Chakrabarti, David Ervin, and Warrington Parker on June 11, 2025 from 12:00 pm EDT – 1:00 pm EDT as they discuss Section 230 and the implications for digital platforms, online businesses and e-commerce. Section 230 was enacted as part of the United States Communications Decency Act (CDA), providing immunity to interactive computer service providers for third-party content. Known as “the 26 words that created the internet,” this statute is responsible for the development of the modern internet as we know it. 

Recent calls by the DOJ, FTC, FCC, State AGs and even Congressional Leaders to reform, edit or take Section 230 enforcement in new directions signal a potential inflection point. The challenge for policy reform lies in balancing Section 230’s role in protecting online speech and fostering innovation with evolving concerns about platform accountability, consumer protection, and market efficiency in a data-driven economy.Continue Reading Register Now! Section 230: Implications for Digital Platforms, Online Businesses and E-Commerce Webinar