E-Commerce Law

Navigating the Legal Landscape of Online Commerce

E-commerce has transformed how businesses operate and consumers shop, creating a complex regulatory environment that spans consumer protection, payment processing, data privacy, intellectual property, and international trade. This practice provides comprehensive legal counsel to businesses engaged in online commerce, from startup marketplaces to established retailers expanding digital operations. Representation addresses the full lifecycle of e-commerce operations, helping clients launch compliant platforms, manage ongoing operations, and resolve disputes when they arise.

Consumer Protection Compliance

Online sellers face extensive consumer protection requirements at federal, state, and international levels. The Federal Trade Commission Act prohibits unfair and deceptive practices in advertising and sales. State consumer protection statutes impose additional requirements and private rights of action. Specific regulations govern advertising claims, pricing disclosures, testimonials and endorsements, made-in-USA claims, and environmental marketing. Subscription services face particular scrutiny regarding automatic renewal disclosures and cancellation processes. Counsel helps clients develop compliant marketing practices, draft required disclosures, and respond to regulatory inquiries.

Terms of Service and User Agreements

Every e-commerce platform needs carefully drafted terms of service that establish the legal framework for customer relationships. Effective terms address account creation and responsibilities, order acceptance and fulfillment processes, payment terms and pricing policies, shipping, delivery, and risk of loss, returns, refunds, and exchanges, intellectual property rights in content, user-generated content policies, dispute resolution including arbitration provisions, limitation of liability and disclaimers, and modification and termination rights. Terms must be presented in ways that create enforceable agreements while remaining accessible to users. Counsel drafts terms tailored to specific business models and ensures proper implementation.

Payment Processing and Financial Regulations

E-commerce businesses must navigate complex payment processing requirements. Payment card industry data security standards impose technical and operational requirements on businesses handling card data. State money transmission laws may apply to certain payment models. Regulations govern payment disclosures, error resolution, and chargebacks. International payments implicate currency regulations and sanctions compliance. Counsel advises on payment processing structures, vendor agreements, and compliance programs that enable efficient payment operations while managing regulatory risk.

Platform Liability and Intermediary Issues

Online platforms that host third-party content or facilitate transactions between buyers and sellers face particular legal considerations. Section 230 of the Communications Decency Act provides immunity for certain platform activities but has important limitations. The DMCA safe harbor protects platforms from copyright liability but requires compliance with notice-and-takedown procedures. Platform liability for counterfeit goods, defamatory content, and illegal activities depends on knowledge and control factors. Counsel helps platforms structure operations to qualify for available protections while managing liability exposure.

Cross-Border E-Commerce

Selling internationally expands market opportunity but adds legal complexity. Import and export regulations, customs requirements, and trade restrictions affect what can be sold where. Consumer protection laws vary by country, and businesses may be subject to the laws of countries where they sell. VAT, GST, and other consumption taxes impose collection and remittance obligations. Data protection laws restrict international data transfers. Counsel helps clients evaluate international expansion opportunities, structure compliant operations, and manage cross-border risks.

Marketplace and Multi-Vendor Platforms

Marketplace platforms that connect buyers and sellers face distinct legal issues. Marketplace operator liability for seller conduct depends on the degree of control and knowledge. Seller qualification, onboarding, and monitoring programs manage risk. Payment flow structures affect money transmission analysis. Intellectual property policies address counterfeit and infringing goods. Dispute resolution processes handle buyer-seller conflicts. Counsel advises marketplace operators on structures and policies that enable successful platforms while managing legal exposure.

Mobile Commerce

Mobile commerce raises additional considerations including app store compliance requirements, mobile payment regulations, location-based service restrictions, and mobile advertising rules. Counsel helps clients adapt e-commerce operations for mobile platforms while maintaining compliance with applicable requirements.