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Court Holds Retailers Can Record Birth Dates of Consumers Using Credit Cards to Buy Alcohol

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.   Plaintiff Mark Lewis purchased alcohol at a Safeway store in California. During the sales transaction, the clerk requested proof of Mr. Lewis’s age and then entered Mr. Lewis’s date of birth into the computerized cash register.  

Brave New World: Wearable Devices Pose Security Challenge for Businesses

With the release of the Apple Watch, a number of companies are likely to grapple with an increasingly common problem: how to secure sensitive company data and information in the age of wearables.   The Apple Watch may be the most high-profile wearable to hit the market, but wearables – electronic devices that are connected to the Internet – are an increasingly common tool for consumers. This trend is only expected to increase, with some analysts dubbing 2015 the “year of the wearable.”  

Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market

Arent Fox Intellectual Property partner Cristina Carvalho and head of Arent Fox’s Fashion Law practice Anthony Lupo present, "Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market" in partnership with the Brazilian-American Chamber of Commerce.

Clothing Retailers Agree to Settle ZIP Code Lawsuit with Gift Cards

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements. The law previously required companies operating in New Jersey to maintain records of the name, address, and ZIP code of gift card purchasers. Much to the relief of retailers, the new bill eliminates this requirement.

Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot. Earlier this month, Mary Kay filed a federal lawsuit against RetailMeNot (RMN) alleging that RMN’s online coupon business violates federal trademark and advertising laws, as well as federal and state unfair competition laws.

Dating App Stops Attempt at Native Advertising

What’s the News? Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc. (Gap). Tinder claimed that the advertisements violated its terms of service, which provide that the app is for “personal use only.” This should serve as a reminder to businesses to read and ensure compliance with the relevant terms of service before engaging in advertising on social media platforms.

FDRA Holds Briefing to Discuss Latest Cybersecurity Trends

Last week, the Footwear Distributers and Retailers of America (FDRA) hosted a briefing on cybersecurity trends in the retail industry. In light of the high-profile data breaches in 2014 — including many at the retail level — the briefing aimed to inform the footwear industry on the nature of today’s cyber threats and the way to most effectively secure private information.

Fashion Law Leader Anthony Lupo to Present During MAGIC Vegas

On February 17, Anthony Lupo, head of Arent Fox’s Fashion Law practice will present “Current Legal Trends in the Footwear, Fashion, Accessory, and Retail Sector” during MAGIC, in Las Vegas. The discussion will focus on issues in class-action lawsuits, omni-channeling, social media, and global data protection in the fashion sector. The presentation will provide best practices and lessons learned while in the trenches.