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|Retailers Should Use Caution In Collecting Zip Codes From Consumers|
Mark A. Bross; Adler Pollock & Sheehan P.C.;
April 17, 2013, previously published on April 15, 2013In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts (“SJC”) has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers’ ZIP codes during credit card transactions and use this information for...
|Collection of Zip Codes by Massachusetts Retailers Constitutes Unfair Business Practice|
Paul E. White; Sugarman, Rogers, Barshak & Cohen, P.C.;
April 5, 2013, previously published on April 2, 2013Massachusetts highest court has recently issued an important decision concerning the collection of zip code information by retailers that is likely to generate lawsuits against many of the largest retailers that do business in Massachusetts.
|MA ZIP Code Ruling: Implications for Online Retailers, Gas Stations and Others|
Keller Heckman LLP;
April 3, 2013, previously published on April 2, 2013Since 2011, California has been the primary venue for suits alleging the illegality of collecting ZIP codes in connection with a credit card transaction. Based on a recent decision by the Supreme Judicial Court of Massachusetts, the State's highest court, more such lawsuits will likely be filed in...
|In Key Decision, Supreme Court Applies "Rigorous Analysis" to FRCP 23(b)(3) Class Determination in Reversing Class Certification Based on Lack of Showing That Damages Can Be Measured On Classwide Basis|
Jordan D. Grotzinger, Jeff E. Scott; Greenberg Traurig, LLP;
April 2, 2013, previously published on April 1, 2013In 2011, the Supreme Court explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011) that, “[w]hat matters to class certification . . . is not the raising of common ‘questions’ -- even in droves -- but, rather the capacity of a classwide proceeding to generate...
|Fashion Beyond Borders: A Fusion of Technology and Free Trade Agreements Pave the Way Into the Largest Economy in the World - A Case Study on the African Growth and Opportunity Act (AGOA) and the African Fashion Industry|
Deanna D. Clark; Shayne Law Group, P.C.;
April 2, 2013, previously published by International Foundation of Fashion and Technology Institutes (2012) on Spring 2013Technology has provided the opportunity for fashion brands to emerge out of "home grown" marketing avenues such as through the creation of an online presence on Facebook. Together with the ubiquity and mass market pricing of the mobile phone with a digital camera, both budding and...
|Massachusetts Statute Concerning Collection of 'Personal Identification Information' During Credit Card Transactions Triggers Wave of Class Action Litigation|
Robert A. Sherman, David G. Thomas; Greenberg Traurig, LLP;
April 1, 2013, previously published on March 27, 2013Recently, class action lawyers have filed various putative class action lawsuits against retailers under a statute regulating the type of “personal identification information” a retailer may obtain during a credit card transaction-Mass. Gen. Laws ch. 93, § 105(a) (Chapter 93,...
|Wage-Hour Class Action Must be Reconsidered under U.S. Supreme Court’s Demanding Standards|
Mark S. Askanas; Jackson Lewis P.C.;
March 27, 2013, previously published on March 22, 2013A class action alleging unpaid overtime and other wage and hour violations under the federal Fair Labor Standards Act and California law has been decertified by the U.S. Court of Appeals for the Ninth Circuit in light of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131...
|Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions|
Martin J. Bishop, Martin J. Bishop, Thomas I. Elkind, Thomas I. Elkind, Michael C. Lueder, Michael C. Lueder; Foley & Lardner LLP;
March 22, 2013, previously published on March 21, 2013In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card transaction violates a Massachusetts statute [G.L.c. 93,...
|Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During Credit Card Sales|
Cynthia J. Larose, A. W. "Chip" Phinney; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 19, 2013, previously published on March 14, 2013“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at, for example, a store check-out or a self-serve gas station. A...
|The Retail Sales Tax Act Still Has Some Teeth Under HST|
March 15, 2013, previously published on Winter 2012Effective July 1, 2010, Ontario harmonized its retail sales tax (RST) with the federal goods and services tax (GST) to form a harmonized sales tax (HST). However despite harmonization, some rules in Ontario's Retail Sales Tax Act (RSTA) continue to have application today.