It should come as no surprise that most of our law firm’s startup clients are involved in some way or another with e-commerce. The explosion of commerce going online over the past two decades, proliferation of Internet and electronic marketing channels, as well as variety of “turn-key” software and cloud platforms allowing entrepreneurs to start online businesses and services with little coding experience, has led to never before seen business opportunities—and legal risks.
Class action lawyers and regulatory risk from agencies like the Federal Trade Commission and state attorneys general are just a few of the (legal) landmines surrounding your e-commerce business. This does not even include the usual issues more traditional businesses face from their everyday customers, subscribers, vendors, and, of course, competitors.
E-Commerce Attorney
Many Internet service and e-businesses owners I meet with are surprised 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 the registration flow(!)—can potentially mean the difference between having a user’s claims dismissed and a lawsuit proceeding to lengthy and costly litigation in Federal court.
Our E-Commerce law practice not only advises brand new e-businesses and web-based 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, forms, and disclosures online—hopefully enabling them to protect what they’ve worked hard to build, while 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 audit and offer recommendations on the legality your online documentation and their specific terms, as well as their presentation in your user registration/sign-in described above.
In addition, our Internet practice can also counsel e-commerce clients on their privacy statements, user policies, and other guidelines, reviewing them for best practices and compliance with both proposed and enacted Federal and state data privacy (e.g., California’s CCPA, CPRA) and consumer protection (e.g., New York’s auto-renewal) 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:
- Website and mobile app Terms of Service/Terms of Use
- 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))
- California Consumer Privacy Act (CCPA) compliance
- General Data Protection Regulation (GDPR) compliance
- 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
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.