Brann Isaacson

Catalogs and Web sites provide customers with more than just product displays, merchandise descriptions and purchase information. They generally include a number of legal disclosures as well. Frequently overlooked, however, is an explanation of the retailer’s refund and return policy. Such a disclosure should be included, both as a matter of legal compliance and industry best practice. State Disclosure Laws Approximately one-third of states have enacted legislation related to retail sales return policies. A few states have disclosure laws specifically targeted toward certain types of direct marketers. • In California, a vendor conducting business through the Internet or other electronic means must

New York’s new nexus-expanding affiliate marketing law has generated considerable confusion and anxiety in the direct marketing industry. The legislation was signed into law on April 15, and now the second shoe has dropped in the form of a technical services bulletin (TSB) issued by the New York Department of Taxation and Finance on May 8 — TSB-M-08(3)S. The TSB purports to explain the new law and resolve some of the uncertainties arising from its vague statutory language. The good news is the TSB actually narrows the scope of the new law in certain important respects. It may provide comfort to catalog companies

Escheat.” The very word sounds sinister, and for good reason — direct marketers beware! But how do state escheat laws, which are often known as “abandoned property laws,” work? And what risk do they pose to multichannel merchants? Defining ‘Unclaimed Property’ Unclaimed property is a liability that a company owes to an individual or other business that has remained outstanding beyond a specified period of time. Every year, billions of dollars of economic entitlements go unclaimed, including obligations of retailers to their customers and suppliers. Depending on the particular state, these include: ● unredeemed gift certificates and gift cards; ● uncashed refund and rebate

Escheat. The very word sounds sinister, and for good reason — direct marketers beware! But how do state escheat laws, which are often known as “abandoned property laws,” work? And what risk do they pose to multichannel merchants? Defining ‘Unclaimed Property’ Let’s start with unclaimed property. This is a liability that a company owes to an individual or other business that has remained outstanding beyond a specified period of time. Every year, billions of dollars of economic entitlements go unclaimed, including obligations of retailers to their customers and suppliers. Depending on the particular state, these include: • unredeemed gift certificates and gift cards; •