Hunton Retail Law Resource

Your arbitration clause may be solid. But your screen flow needs to be clear if you want a court to enforce it. 

Courts continue to evaluate online arbitration agreements under ordinary state-law contract formation principles: did the customer receive reasonably conspicuous notice, and did the customer take the action the site said would constitute assent? 

In practice, this means courts are not just reading the clause – they are also scrutinizing the online user interface around it. They are looking at clutter, button placement, hyperlink visibility, font size, and whether the page clearly tells the user what clicking means.  

The Federal Trade Commission has joined a handful of states that are taking aim at surveillance pricing.  The FTC recently announced a draft enforcement policy related to personalized pricing, which it defines as “the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend.”

On July 30 and 31, 2026, the National Highway Traffic Safety Administration (NHTSA) and the U.S. Department of Transportation (DOT) unveiled a coordinated series of regulatory and policy actions that together represent the most significant recalibration of federal autonomous vehicle (AV) oversight in years. These actions accelerate near-term commercial deployment of AVs through granting the first-ever commercial exemption for robotaxis and streamlining exemption processes. Additionally, these actions provide stakeholders with considerable opportunities to engage with the agency and shape the AV legal framework. This alert provides an overview of each action and takeaways for AV developers and industry stakeholders. 

For decades, radius restrictions have been a staple of retail leasing. Traditionally, these provisions have served two related purposes. Shopping center landlords often require tenants to refrain from operating another store within a specified geographic area in order to protect sales and traffic at the leased location. At the same time, retail tenants frequently negotiate their own radius protections, limiting a landlord’s ability to lease nearby shopping centers to direct competitors or to permit uses that could undermine the tenant’s market position.

Please join our Retail Industry Group this Wednesday for a practical discussion on managing contracting, compliance, and audit risks in software and cloud transactions affecting retailers.  

A new ultra-processed foods (“UPF”) matter was filed in Vermont this week, adding to the small but growing number of state-led actions focused on the food and beverage industry’s research, development, and marketing practices. 

The first major personal injury case in the country targeting ultra-processed foods (“UPFs”) is over – and it ended in a decisive defense win. On June 30, the U.S. District Court for the Eastern District of Pennsylvania dismissed Martinez with prejudice, holding that the plaintiff failed to plead actual injury tied to specific products, failed to identify a viable causation theory, and could not cure those deficiencies through amendment. For defendants in the food and beverage industry, the decision confirms that early-stage pleading challenges can be a powerful tool where UPF plaintiffs are unable to connect particular products to their alleged harms. 

Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should understand the contours of California’s “compostable” standard and begin developing internal mechanisms to ensure compliance and avoid unexpected production pauses or enforcement actions.

Businesses of all kinds increasingly rely on text messages and promotional calls to engage customers. While these channels can be highly effective marketing tools, their use can also expose businesses to potential liability under the Telephone Consumer Protection Act (TCPA). Enacted in 1991, the TCPA was designed to restrict telephone solicitations and the use of automated telephone equipment. Notably, the TCPA provides for the recovery of statutory damages, meaning that each violation (that is, each text message or call) gives rise to potential statutory damages of $500 to $1500. Recent years have seen a dramatic increase in TCPA litigation, costing businesses a pretty penny. For retailers seeking to mitigate litigation risk and costly settlements, we have compiled some practical guidance on TCPA compliance to help head off future claims.

Newly formed “public interest organizations” have increasingly been using an expansive consumer protection statute in the District of Columbia as a basis for claims against merchants across the country for unfair or deceptive trade practices.  These claims recently have been directed at businesses—both small and large—who are selling online and shipping into the District of Columbia. Businesses selling goods into the District of Columbia (physically or virtually) should be aware of potential claims initiated by public interest groups that may be pursued against them under the CPPA.