Seller Beware: Recent Lawsuits Under N.J. Truth-in-Consumer Contract, Warranty and Notice Act Target E-Commerce Businesses

Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) alleging that standard online terms of service agreements on websites violate the New Jersey bar on deceptive notices.

The TCCWNA—N.J.S.A. 56:12-14 et. seq.—was enacted in 1981 to prohibit businesses from using provisions that deceived consumers about their legal rights. The statute provides a private right of action that allows both actual customers and prospective buyers to bring suit against businesses. Businesses that violate the TCCWNA are liable to aggrieved consumers for $100, actual damages, or both, as well as reasonable attorneys’ fees and court costs.

To read the full text of the Alert, please visit www.duanemorris.com.

Amazon Now Raking in the Dough

Once upon a time, toward the beginning of the commercial internet, critics questioned Amazon’s aggressive approach in throwing money at the concept of becoming the full-purpose seller of all types of products online. Indeed, while Amazon was growing along the way, it was in the red, far from turning a profit. Detractors believed that Amazon’s “Hail Mary” approach would fail, and the only question was when Amazon would go under, like many other early dot coms.

Well, who is laughing now? Amazon, and CEO Jeff Bezos, of course.  Continue reading “Amazon Now Raking in the Dough”

Potential Federal Criminalization of Revenge Porn

Revenge porn is unacceptable and should not be tolerated. Some federal lawmakers agree, and they now seek to push legislation aimed at criminalizing revenge porn.

So, what exactly is revenge porn? It often goes something like this:

A man and woman are in a committed, consensual relationship. As part of that relationship, they engage in sexual activity, and they agree, for their own enjoyment purposes, to take photos and videos of their activities. Later, the relationship, whether husband and wife, fiancees, or boyfriend and girlfriend, ends. But the sexually explicit photos and videos still exist. The man (it usually is the man) then posts the photos and videos on the internet to get back at the woman, to humiliate the woman, or to make demands on her. And there are websites that seek such photos and videos — the women who are the victims often must pay a fee to the sites to have the photos and videos taken down.  Continue reading “Potential Federal Criminalization of Revenge Porn”

The State Department Email Saga

We now know that the FBI does not recommend that Hillary Clinton be prosecuted for using private email servers with respect to government communications while she was the Secretary of State. At the same time, though, the FBI has concluded that Ms. Clinton’s handling of government communications was extremely careless. Meanwhile, the State Department may begin its own investigation with respect to EmailGate.

From the outside, it does not appear that Ms. Clinton acted with malice when using private email servers regarding her government communications as Secretary of State. Nevertheless, it is critically important that government records be maintained as government records so that the public has an opportunity to review those records when appropriate.  Continue reading “The State Department Email Saga”

Government Surveillance of Internet Traffic

At this point, it may come as no surprise that the US government has some ability to monitor internet traffic. However, the tremendous extent of government surveillance may be somewhat alarming to those who are interested in privacy on the internet.

An article by RT.com reports that the NSA has the ability to read 75 percent of all U.S. internet traffic. The article points out that programs referred to as Stormbrew, Lithium, Oakstar, Fairview, and Blarney all have the ability to monitor the actual text of emails, not just email metadata.  Continue reading “Government Surveillance of Internet Traffic”

The FAA Finalizes New Drone Rules

The Federal Aviation Administration has announced in a press release that it has finalized its first operational rules for the use of small unmanned aircraft systems, otherwise more commonly known as drones. According to the FAA, these rules “work to harness new innovations safely, to spur job growth, advance critical scientific research and save lives.”

The FAA states that industry estimates indicate that these rules could generate at least $82 billion for the United States economy and possibly could create in excess of 100,000 new jobs for the next 10 years. These new rules will take effect in late August. The rules provide safety regulations for drones weighing less than 55 pounds that are performing non-hobbyist operations.

Continue reading “The FAA Finalizes New Drone Rules”

Donald Trump Arrives on the Internet as a New Pokemon Character?

The news reports lately have been grim in the wake of the Orlando massacre. And at the same time the Presidential candidates have been proclaiming that they each are best suited to combat terrorism going forward.

But, rather than delve into that morass, how about something on the lighter side for a moment? Let’s talk about Pokemon characters, and how a newly introduced Pokemon character might bear a resemblance to one of the Presidential candidates whose initials are DT. We can thank a recent CNET article for bringing this to our attentionContinue reading “Donald Trump Arrives on the Internet as a New Pokemon Character?”

How to Keep Your Personally Identifiable Information Secure Online

It seems like we constantly are hearing about Internet hacks and the stealing of personally identifiable information online. At this point, we use the Internet for so many positive aspects of our lives. Given that we inevitably are online, what are some steps that we can employ to keep our private information safe?

Here are just a few simple tips to keep in mind:

First, it is important to protect your credit card information. One way of doing this is to check and see that the website you are logging onto is secure. One thing to look for is whether the URL begins with HTTPS and not just HTTP. Also, it is important to log out of your customer accounts when you are done with transactions — especially financial transactions.  Continue reading “How to Keep Your Personally Identifiable Information Secure Online”

The Amazing Uses of Drones

Drones really have become the next big thing. Their uses seem to keep multiplying each day. With each new use there are new questions about drone regulations.

Of course, we hear about military payloads being delivered by drones on very specific targets. Indeed, the recent motion picture, Eye in the Sky, is all about when it is appropriate to use drones for military attacks. Drones also can be used for surveillance purposes. They are very nimble, and they easily can take footage surreptitiously of unsuspecting subjects. This also was portrayed in Eye in the SkyContinue reading “The Amazing Uses of Drones”

Malaysia Airlines Flight Debris Likely Found, Many Months Later

We often take for granted the amazing capabilities, power and reliability of technology. For example, without giving it much thought, we often put ourselves in high-tech cylinders that take us many thousands of feet into the air, propel us through the sky at hundreds of miles per hour and safely land us in destinations all over the world.

But, unfortunately, technology is not perfect. We were reminded of this fact in March 2014 when Malaysia Airlines flight MH370 went missing and then could not be found in the ensuing months, notwithstanding unprecedented technological search efforts.

And now, more than two years after the flight disappeared, Malaysian and Australian authorities report that two pieces of aircraft debris located a couple months ago on beaches in South Africa and Mauritius “almost certainly” are from MH370, according to BBC News.  Continue reading “Malaysia Airlines Flight Debris Likely Found, Many Months Later”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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