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“This association really wants to help everybody,” says Jill Miller about the RSPA - Retail Solutions Providers Association, where she serves as Legal Counsel for members who have questions as they go about their core business of selling solutions for retail. We brought her expertise to the new #TEConnectPodcast to learn more about the common legal situations #VARs may encounter. 📄 Contract management is probably the top concern she hears about and an easy place for small businesses to avoid trouble. “Never, ever, ever just sign an agreement,” Jill emphasizes. “There is always room for negotiation, and the other side isn’t going to present you with their most fantastic offer to start.” 🤫 Dean asks if overly complicated contracts can cause deals to fall through, to which Jill suggests starting with a simple NDA. “That’s where we should be with a lot of agreements—protecting both parties, making it fair.” 🔒 What about solutions that include data collection and analysis? “Every contract should have a privacy provision that talks about how you’re going to manage data, how you’re going to use data, how you’re going to share data.” 🚫 Contracts and agreements should also be mutually beneficial. When access to client lists and proprietary customer information is provided, confidentiality should be a given. 🤝 Jill speaks about the importance of asking for what you want in an agreement. “Don’t negotiate against yourself.” Don’t assume the other party won’t accept what you want or will drop a deal if you ask for something better. 💣 Exclusivity should be avoided. Things change, technology changes, customers change…don’t lock yourself into a situation that could harm your business. 💳 Regarding cash discounting and surcharging, Jill notes that there are many different rules and regulations across states. It’s important for retail or hospitality VARs to know those laws and ensure that the payments and POS partners they work with are also equipped to manage them.

A fascinating Federal Court case in Australia at the instigation of the Australian Consumer and Competition Commission. Is it yet another nail in the coffin of the Carbolic Smoke Ball Case or just a normal retailer not realising the consequences of its actions - or inactions ( in relation to the star rating part of the case. There's no obvious excuse for the remainder). And where does it leave businesses that post false positive reviews on third parties' websites? Today in #worldmoneylaunderingreport #fakereviews #falsepositives https://lnkd.in/gp5JjAD3

It's clear having a certain arbitrary threshold of money (made up many years ago) 💰 💰 💰 does not equal 'sophistication'🚫 When clients relinquish their protections under 'retail advice' there are very real rights and responsibilities they are giving up 📚 This is a trade-off that many wholesale classified clients many not be adequately able to assess the consequences of ⚖️ It's also important to note that s921E of the corporations act requires all relevant providers to comply with the code of ethics - and a relevant provider is someone authorised to give personal advice - whether they do or not. 💼 From an ethical perspective, being clear about the real financial literacy and sophistication of a client creates an additional level of pause for advisers in this whole conversation. Some interesting thoughts from AFCA lead ombudsman Shail Singh below ⬇️ https://lnkd.in/gtrYG-cT

The Federal Trade Commission has announced a court order requiring online marketplace GOAT to pay over $2 million for violating the Mail Order Rule and misrepresenting its "Assurance of Authenticity" and "Buyer Protection" policies. This settlement serves as a stark reminder: failure to meet shipping promises or uphold consumer policies can lead to hefty penalties. Read more about the case and the lessons businesses can learn in Gonzalo Mon's latest: https://lnkd.in/gX9X3yNR #KelleyDrye #AdLaw #ConsumerProtection #ShippingCompliance #FTC #BusinessInsights

Retailers, are you truly prepared for Georgia’s SB 494? Compliance isn’t just a formality—it’s your responsibility. Attorney Tom Church dives into the nitty-gritty: Your wholesalers must be compliant—but so must you. This isn’t a "trust, but don’t verify" situation. Approved COAs from reputable labs like KCA Labs and New Bloom are just the beginning. Your obligations under SB 494? Independent and non-negotiable. Ensure every product you sell meets the legal requirements—or risk facing consequences.

In the last week, the Competition and Markets Authority (CMA) opened an investigation into mattress brand, Emma over concerns that some of its online sales practices – such as discounts and urgency claims, including countdown timers and high demand prompts – may mislead consumers. The CMA called on the business to make changes to ensure its compliance with consumer protection law, and to ensure shoppers get a fair deal, but Emma has failed to take the necessary action to address all of the CMA’s concerns. As a result, the CMA has now launched court action. What do you make of these marketing tactics? Are they misleading or are they just being savvy with discounts and sales? #getlegallyspeaking #learnthelaw #consumerrights #emmamattress #CMA

It's been a busy couple weeks in terms of UK consumer law enforcement... 📑 Some really interesting practical guidance in the CMA's Wowcher undertakings, covering a range of topics including the use of countdown clocks, scarcity claims and other forms of online choice architecture. The undertakings also deal with consumer rights - for example the requirement for B2C businesses to ensure staff are trained to understand applicable consumer rights for their customers. Read our article below to find out more! 👇 🛌 Yesterday the CMA published undertakings it had accepted from Simba Sleep. Misleading pricing practices was a key focus in this case. The undertakings provide some helpful guidance for retailers in terms of ensuring that discounted "was" prices are genuine. Stay tuned for more on this from the TLT team. 🚨 To top it off, the CMA has now published draft guidance on its new direct consumer law enforcement powers under the DMCC Act, under which it will have the power to impose penalties up to 10% of global turnover on companies that breach UK consumer laws. The consultation on the draft guidance closes on 11 September 2024. Feel free to get in touch if you'd like to contribute to TLT's submissions. #DMCC #consumerprotection #CMA https://lnkd.in/db5SmZ83

The Competition and Consumer Protection Commission (CCPC) has warned traders that they face “stringent legal action” if they do not adhere to fair trading practices during Black Friday which falls on November 29. In a statement released on Monday, CCPC expressed concern that previous Black Friday promotions have been marred with deceptive promotions leading to several complaints from consumers. “The Commission wishes to alert the public that previous Black Friday sales and promotions have been marred by several consumer related concerns,” the Commission’s senior public relations officer Florence Zaza said. “These include disclaimers aimed at avoiding liability, misleading promotional deals, hidden charges, unfair terms, fake discounts, as well as the sale of defective and expired products. CCPC has noted with concern the deceptive practices employed by certain traders to exploit unsuspecting consumers. These traders entice customers with seemingly attractive promotions, creating the illusion of special reduced prices to lure them into purchasing goods or services.” The institution has revealed that 45 complaints were received last year in relation defective goods, misleading information and refund claims.

#GCCA NEWS | ➤ An illusory promise of a gift/prize to #consumers constitutes an unfair commercial practice •  The #GCCA has concluded that “e commerce.Georgia 2023” Ltd violated the the Law of Georgian on the #Protection of #Consumer Rights due to its failure to adhere to a commitment agreement made with the agency. •  In March 202 4, the GCCA concluded its re-examination of the case involving “e commerce.Georgia 2023” and confirmed that the company violated consumer protection standards despite an agreement requiring it to align its trade practices with legal regulations. The agency re-examined the case and determined the violation by the “e commerce.Georgia 2023”. Based on the assessment of the circumstances and the evidence presented, it was #confirmed that the seller failed to meet its primary obligations, which included providing information to consumers, adhering to delivery terms, and fulfilling obligations related to the replacement/repair/return of defective items. • The GCCA’s investigation has deemed the misleading promise of a #gift or #prize to consumers as an unfair commercial practice, citing it as a violation of consumer protection law. In this case, “e commerce.Georgia 2023” Ltd advertised that a washing dryer would be provided as a gift with the purchase of a specific item and also offered a 20% cashback incentive, which the consumer used to acquire a meat grinder. However, the consumer reported that neither the promised gift nor the item purchased with the cashback has been delivered. As a result, the trader was ordered to restore the violated consumer rights within one month and to align its trading practices with the specific legal standards set out in the law. ➤ For #information: according to the legislation, when a trader fails to execute or improperly executes a decision of the Agency within the period determined by the Agency, the trader shall be penalized. The amount of penalty shall not exceed 2 % of the annual turnover of the trader for the preceding financial year. If, during a period of 12 months, a trader commits a violation repeatedly, he/she shall be subject to a penalty which is double the amount of the previously imposed penalty. The Agency's decision can be appealed in court. MORE: https://lnkd.in/dDeE5Xc5 #GCCA #unfaircommercialpractice #ConsumerProtection #ecommerceGeorgia2023 #EstablishedViolation