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Category Archives: E-Commerce

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Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Posted in E-Commerce, Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure that they are enforceable. Specifically, users must be required to manifest acceptance of the terms in a manner that… Continue Reading

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Posted in E-Commerce, Fraud, Terms of Use

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I accept” button. As we have written previously, Courts tend to look disfavorably on such website TOU… Continue Reading

Status Updates: Pinterest’s new purchasing feature; Driving while social; and a small country’s Facebook ban

Posted in E-Commerce, Status Updates

Pin money. The social media site Pinterest, a 5-year-old Internet powerhouse with an $11 billion valuation, is implementing another feature intended to bring in some cash: Buyable Pins. Soon, the site’s users—who, according to demographics reports, are often affluent women—will be able to purchase the items they “pin” or bookmark on the Pinterest platform from… Continue Reading

The NYDFS Finalizes its BitLicense Proposal

Posted in E-Commerce

On June 3, 2015, the New York Department of Financial Services (“NYDFS”) issued a final rule regarding its “BitLicense” regulatory regime (“Final Rule”). The Final Rule follows an initial proposal from July 2014 and a revised proposal from February 2015 (“Revised Proposal”). Our analysis of the July 2014 proposal is available here, and our analysis of… Continue Reading

“Firsts” for the World of Virtual Currencies

Posted in E-Commerce

There have been two recent virtual currency-related actions worthy of note: (1) the Financial Crimes Enforcement Network (“FinCEN”) announced its first civil enforcement action against a virtual currency exchanger, and (2) the New York Department of Financial Services (“NYDFS”) granted its first license to a Bitcoin exchange. FIRST VIRTUAL CURRENCY EXCHANGER ENFORCEMENT ACTION On May… Continue Reading

Playing Fair? UK’s OFT Investigates Online and App-Based Games

Posted in E-Commerce, Ethics

On April 12, 2013, the UK’s Office of Fair Trading (OFT), the UK regulator for consumer affairs and competition, announced that it was launching an investigation into children’s web- and app-based games. In particular, the OFT is looking into whether such games comply with the Consumer Protection from Unfair Trading Regulations 2008 (“Regulations”), and are… Continue Reading

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

Posted in E-Commerce, Litigation

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or the Due Process Clause of the U.S. Constitution. As a result, an Internet vendor may be presumed to have… Continue Reading