Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Online Discount Pricing Policies Face Increasing Scrutiny
Consumers, particularly online shoppers, are constantly looking for a discount. Given that “nobody pays retail anymore,” online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices. Publications such as the New York Times have recently highlighted this phenomenon, which can create a false impression that consumers are getting significant savings. See, “It's Discounted, but Is it a Deal? How List Prices Lost Their Meaning,” New York Times (March 6, 2016). A Times survey concluded that many promoted products were not truly being offered at the advertised list price. Those findings are consistent with a number of lawsuits filed against leading online and brick-and-mortar retailers which challenge such practices.
Retail purchasing and pricing practices have changed dramatically with the Internet, but the law has not always kept pace. In the click of an Enter button, consumers now have the ability to use search engines to scan prices advertised by literally hundreds of online retailers. Yet, when looking for guidance about the legal requirements for establishing and comparing to a suggested retail price, retailers are forced to rely on 50-year old guidelines and a patchwork of similarly outdated and confusing state pricing laws. These requirements, while well meaning, were drafted prior to the existence of the virtual marketplace in which retailers now compete, and consumers now shop. State regulators and class action lawyers are now recognizing the gap between statutory requirements and the current marketplace, and are challenging retailers' pricing practices that they believe violate the governing law.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.