Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Payment Processing, Electronic Fund Transfers & Mobile Payments

Our clients offer consumers some of the most cutting-edge shopping experiences -- both online and through brick and mortar stores. Arent Fox has assisted its clients in issues related to payments initiated by mobile device, telephone and Internet-initiated electronic transfers, preauthorized electronic fund transfers, and the procedures to resolve errors and consumer complaints to help comply with the Electronic Funds Transfer Act (EFTA) and the rules of the National Automated Clearinghouse Association (NACHA).

How the Cookie Crumbles: Cookie Enforcement Sweeps Begin in EU

What’s the News?

European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.” This “day” will actually last a week, beginning September 15, 2014 and ending on September 19, 2014.

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Walmart Argues Against Class Certification in Customer Data Collection Case

What Made News?

Walmart recently argued that the US District Court for the Eastern District of California should not grant class certification in a suit alleging that Walmart’s data collection practices violate California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

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High Profile Data Breaches Spur Legislative Action on Cyber Security

What’s Making News?

After a spate of high-profile data security breaches, many legislators, businesses, and consumers are asking what can be done to prevent such security lapses and who should be held responsible. The increased attention to data security has led to a flurry of recent activity in state legislatures and in Washington.

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Including Canada? Make Sure Your E-Mail Policies Cover Canada’s Newest Spam Law

What’s New?

One of the world’s most consumer protective spam laws recently went into effect in Canada on July 1, 2014, and many companies operating outside of Canada are learning that the law also impacts them because of how broadly it is drafted.

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FTC Chooses Not to Update Negative Option Rule

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule). Under a “prenotification negative option” plan, consumers receive periodic announcements of upcoming merchandise shipments and have a set period of time to decline the shipment. If the consumer fails to decline the shipment, the company ships the merchandise and bills the consumer.

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Ninth Circuit Affirms Dismissal of Suit Against Redbox for ZIP Code Collection Practices

What Made News?

The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

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Major Retailers Sued for Point of Sale Devices Inaccessible to the Blind

What Made News?

Major retailers from Apple to Lucky Brand to J. Crew are being sued for violating the Americans with Disabilities Act (ADA) by failing to provide point of sale (POS) devices that are accessible to the blind.

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Urban Outfitters Faces Another Lawsuit for Collecting Customer ZIP Codes

What Made News?

Urban Outfitters is facing yet another putative class action lawsuit over its practice of collecting customers’ ZIP codes in connection with credit card purchases at its retail locations. Last June, Urban Outfitters faced a similar suit regarding this practice in its Urban Outfitters and Anthropologie stores. This time, Free People, an Urban Outfitters subsidiary, is the subject of the suit.

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Never Mind the NSA, Privacy Groups Set Sights on Big Retail

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers. But, as a group of major national retail stores recently discovered, the proliferation of data has also led to a renewed sensitivity to consumer privacy.

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Making a List and Checking it Twice: FTC Sends Warning to Online Retailers

Santa’s not the only one who is making a list this holiday season: the FTC is keeping a close watch on online retailers and is warning that misbehaving retailers will be getting lumps of coal in the form of FTC enforcement actions. The holiday dust-up stems from a series of letters that the FTC recently sent out to Internet retailers reminding them of their obligation to ensure that consumers have access to product warranty information before they make their purchases.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.