The explosion of commerce taking place online over the past decade plus, as well as ever-expanding offerings of “turn-key” software and cloud platforms allowing entrepreneurs to start online businesses with little to no coding experience, has led to never before seen business opportunities—and legal pitfalls.
Class action lawyers and regulatory risk from agencies like the Federal Trade Commission, Consumer Financial Protection Board, and state attorneys general are just a few of the (legal) traps laying in wait for your e-commerce business. This does not even include the usual issues more traditional businesses face from everyday customers, subscribers, vendors, and, of course, competitors.
Many Internet service and e-businesses owners we meet with are shocked to learn how something as seemingly trivial as the phrasing of their user “I Agree…” statement—or even how a CTA button is placed in their sign-up/sign-in flow—can potentially mean the difference between having a user’s claims subject to more business-friendly arbitration or dismissed outright and a lengthy and costly lawsuit in a Federal court.
Our E-Commerce law practice not only advises brand web-based sellers of goods and services on how to structure their business legally, but also assists them with the formulation, drafting, and even presentation, of the language in their customer-facing agreements, policies, and disclosures online—enabling them to better protect what they’ve worked hard to build, while hopefully staying out the crosshairs of Federal and state regulatory authorities.
For Internet businesses and online services that have legacy user documentation already in place, our E-Commerce law firm can help assess and offer recommendations on the legality their online documentation and specific language, as well as counseling their team on presentation of the user registration/sign-in experience mentioned above.
In addition, our Internet practice can also counsel e-commerce clients on their user policies and other guidelines, reviewing them for best practices and compliance with both enacted and proposed Federal and state privacy and consumer protection (e.g., auto-renewal, deceptive advertising, etc.) laws.
E-Commerce & Online Provider legal services
Below are just some of the e-commerce matters we have advised our clients on, as well as types of online agreements, policies, and disclosures we have either reviewed, negotiated, updated, revised, or prepared from scratch, for them:
- Online disclaimers and waiver forms
- Terms and conditions between the online service and specific end-users
- Privacy policies and statements
- Cookie and other tracking-technology policies
- User/member guidelines and codes of conduct
- Refund policies
- Affiliate and referral marketing agreements
- Social media and influencer partnership agreements
- Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) proceedings representation
- Domain registrant change agreements
- Domain broker service agreements
- Domain name proxy agreements
- Domain name registration agreements
- Domain name transfer agreements
- Claims under the Anti-cybersquatting Consumer Protection Act (15 U.S.C. § 1125(d))
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) compliance
- Children’s Online Privacy Protection Act (COPPA) compliance
- Restore Online Shopper’s Confidence Act (ROSCA) as well as state auto-renewal laws
- INFORM Consumers Act reporting and disclosures
Ben Bhandhusavee is the Founder of BHANDLAW, PLLC, a technology and e-commerce law practice advising founders and management teams on select e-commerce and intellectual property matters, as well as corporate and technology transactions. The firm serves corporate and individual clients throughout Arizona, the United States, and internationally. For more information, feel free to reach out using the contact form on the right or call us at (602) 222-5542 to schedule a meeting. You can also connect with Ben on LinkedIn or Avvo.