Retail Law



What is Retail Law?

Retail and Consumer Law refer to the body of laws related to the sale and advertising of various consumer products. It is comprised of a vast body of both state and federal laws and regulations. Retail businesses are those that provide goods to customers, usually by selling them from a physical store location.

What Does Retail and Consumer Law Include?

Retail law includes matters like consumer protection laws; laws that protect the rights of consumers and ensure fair trade competition. These laws also provide for truth in advertising, assuring that consumers are not taken advantage of by unscrupulous retailers. Retail law and consumer protection are designed to prevent businesses from practicing fraud or unfair practices that would give them an inappropriate advantage in the marketplace.

Disclosures

Many consumer protection laws take the form of required disclosures, such as providing consumers with detailed information about products, particularly in areas where safety or public health could be an issue. These laws are enforced both by government agencies and by private retail and consumer rights groups that monitor their members, like better business bureaus.

Other Retail and Consumer Laws

Other laws relate to retail pricing, preventing unfair practices that would take advantage of consumers. For example, price gouging after natural disasters, or artificially lowering prices to starve out competitors then raising prices above market rates once the competition has left the market place. Other illegal activities include charging excessive "convenience fees" for credit card swipes, and trading in stolen goods.

For additional information about retail law, please review the materials provided below. Additionally, if you are in need of legal representation related to your retail law concerns, please click on the Law Firms tab above for a list of attorneys in your jurisdiction who may be able to assist you.

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Retail Law - US

  • ABA - Retail Leases

    The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of the provisions and concepts that are unique to retail leases.

  • CFR - Title 16 - Commercial Practices

    The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. The CFR is published by the Office of the Federal Register, an agency of the National Archives and Records Administration (NARA).

  • DOL - Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments

    Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

  • Federal Trade Commission

    The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies.

  • NIOSH - Wholesale and Retail Trade

    During the past 40 years, the National Institute for Occupational Safety and Health (NIOSH) has conducted studies involving worker populations from the wholesale and retail trade sectors. These studies describe the work of cashiers, sales persons, stocking clerks, materials handlers, order pickers, grocery packers, telephone sales representative, gas station clerks, and fork lift drivers, to name a few of the common occupational titles studied by NIOSH that pertain to workers in 146 trade-based businesses.

  • Organized Retail Crime Act of 2009

    To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise, and for other purposes.

  • Retailing - Definition

    Retailing consists of the sale of goods or merchandise from a fixed location, such as a department store, boutique or kiosk, or by mail, in small or individual lots for direct consumption by the purchaser. Retailing may include subordinated services, such as delivery. Purchasers may be individuals or businesses. In commerce, a "retailer" buys goods or products in large quantities from manufacturers or importers, either directly or through a wholesaler, and then sells smaller quantities to the end-user. Retail establishments are often called shops or stores. Retailers are at the end of the supply chain. Manufacturing marketers see the process of retailing as a necessary part of their overall distribution strategy. The term "retailer" is also applied where a service provider services the needs of a large number of individuals, such as a public utility, like electric power.

  • Swipe Fee Fix

    Retailers’ long fight against the $48 billion in credit and debit card swipe fees imposed each year by banks took a major step forward in May when the Senate approved an amendment sponsored by Majority Whip Richard Durbin requiring that debit card fees be set at a “reasonable” level.

  • US Census - Retail Trade

    The Retail Trade sector comprises establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. The retailing process is the final step in the distribution of merchandise; retailers are, therefore, organized to sell merchandise in small quantities to the general public.

State Retail Associations

Organizations Related to Retail Law

  • Agricultural Retailers Association

    ARA Mission Serving as the ag retail and distribution industry's voice, the Agricultural Retailers Association advocates before Congress and the Executive Branch to ensure a profitable business environment for members.

  • Association for Retail Technology Standards

    The Association for Retail Technology Standards (ARTS) of the National Retail Federation is a retailer-driven membership organization dedicated to creating an open environment where both retailers and technology vendors work together to create international retail technology standards. ARTS is a separate council within the NRF governed by a council of retailers and technology solution providers.

  • National Association of Retail Collection Attorneys

    National Association of Retail Collection Attorneys The National Association of Retail Collection Attorneys is a trade association dedicated to serving law firms engaged in the business of consumer debt collection. NARCA's mission is to elevate the practice of debt collection law through member networking, education advocacy and outreach.

  • National Council of Chain Restaurants (NCCR)

    The National Council of Chain Restaurants (NCCR) is the leading trade association exclusively representing chain restaurant companies. For more than 40 years, NCCR has worked to advance sound public policy that best serves the interests of both chain restaurants and the millions of people they employ. NCCR members include some of the country’s largest and most respected quick-serve and casual dining companies. The National Council of Chain Restaurants is a division of the National Retail Federation, the world's largest retail trade group.

  • National Retail Federation

    As the world's largest retail trade association and the voice of retail worldwide, the National Retail Federation's global membership includes retailers of all sizes, formats and channels of distribution as well as chain restaurants and industry partners from the U.S. and more than 45 countries abroad. In the U.S., NRF represents the breadth and diversity of an industry with more than 1.6 million American companies that employ nearly 25 million workers and generated 2009 sales of $2.3 trillion.

  • Retail Advertising Marketing Association (RAMA)

    The Retail Advertising Marketing Association (RAMA), a division of the National Retail Federation, provides unique networking opportunities, industry research and educational programming for retail advertising and marketing professionals. NRF members are able to take advantage of the added value of participating in RAMA as a benefit of membership with NRF.

  • Shop Organization

    Shop.org, a division of the National Retail Federation, is a member-driven trade association whose exclusive focus is to provide a forum for retail executives to share information, lessons-learned, new perspectives, insights and intelligence about online and multichannel retailing.

Publications Related to Retail Law

  • Retail Info Systems News

    Provides updates, news, practices and insight into the retail industry.

  • Retail Sales Outlook

    NRF's Retail Sales Outlook is a bimonthly report on industry sales, providing a thorough overview of the current retail climate and projecting retail industry sales for the year.

Articles on HG.org Related to Retail Law

  • Florida Franchise Law: Do I Want to Be Part of a Franchise?
    There are a number of good reasons to be part of a franchise relationship. For prospective franchisees (the person buying on a franchise), one initial consideration may be the minimization of start-up costs. In exchange for upfront payments and/or monthly fees, the franchisor provides a ready-made business foundation.
  • 3 Reasons Why You Need Attorney Advice for Your Business
    Many times, businesses make the mistake of waiting until they are in deep legal troubles before hiring an attorney. Usually, when you find yourself in court, it’s too late to hire the services of a lawyer and chances are you will pay more to get yourself out of legal trouble.     
  • The “Pop-Up-Keyboard" Defense: How Apps, Mobile Phones, and "Terms of Use" Work Together
    Unlike the Blackberry keyboards of yesteryears, your smartphone probably has a pop-up touch-screen keyboard. Recently, the Northern District of California took issue with this modern design, and denied Uber’s motion to compel arbitration because a pop-up keyboard blocked Uber’s Terms and Conditions from view while a user registered for the app.
  • Buyers: Make Sure You're Getting What You Bargained For
    Businesses often buy equipment, supplies, and other materials on a contract basis. The contract itself often is not standard, but instead, is written up to reflect the results of prior negotiations. If that contract is truly written up properly, all should go well.
  • Chief Financial Officers Can Be Held Liable
    CFO and corporate accountants must be aware that the improprieties of their superiors could lead to their own personal liabilities. This is because Courts have found that corporate officers can breach their fiduciary duties to a company if they are involved in conduct that benefited their superior officers by approving or concealing improper expense reimbursements.
  • What to Look for in a Business Start Up Law Firm
    Along with your investors and startup management team, you will want to have the services of an experienced and knowledgeable California business startup law firm by your side.
  • How "Red Penciling" and “Blue Penciling” Affects Covenants Not to Compete?
    Many businesses choose to have employees sign covenants not to compete in order to protect their proprietary information. However, simply signing an agreement of this nature is only the first step. The real test occurs when such an agreement is put in front of a court to determine whether or not the agreement is enforceable. Depending on the rules of the state, a finding of unenforceability can result in different consequences.
  • Steps an Employer Can Take when an Employee Violates a Non-Compete Agreement
    In order to protect certain business interests, some employers may choose to have employees sign a non-compete agreement. This agreement can prohibit certain conduct, such as working for a competitor for a specified period of time. However, sometimes employees violate the terms of such agreements and the business must consider how to react to this violation.
  • What Happens in a Legal Mediation Proceeding?
    There are several ways that a California business dispute can be resolved, but litigation is usually not the preferred method for doing so.
  • General Legal Services Help Employees Avoid Employee Misclassification Claims
    Employers are often in a precarious position in which they may be sued by business partners, employees and customers. However, there are often steps that they can take to minimize their exposure.
  • All Business and Industry Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.




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