Legislative, Regulatory & Legal

Retailers may soon have a voice when it comes to disclosing surcharges related to card payments.    The U.S. Supreme Court ruled on Wednesday, March 29, that First Amendment free speech rights should be considered when determining how merchants disclose to their shoppers that credit card swipe fees can drive up the price of merchandise.   

Later this week, the nomination of Alexander Acosta to be the next Secretary of Labor will likely be voted out of the Senate HELP Committee and head for confirmation on the Senate floor. The administration made headlines just prior to his confirmation hearings outlining cuts to the Department of Labor budget in the neighborhood of $2.5 Billion or roughly 20%.   

The party is over for shoppers that enjoyed tax-free online shopping — on Amazon, anyway.   Starting on April 1, Amazon will collect sales tax from all states that have a tax levy. Only the five states that do not have a state sales tax — Alaska, Delaware, Oregon, Montana and New Hampshire — will remain exempt.   

Rent-A-Center Inc. has taken action to reduce the likelihood that an investor gains unsolicited control of the company.   The nation's largest rent-to-own operator has adopted a stockholder rights plan, or a so-called poison pill, that would become exercisable if a group buys 15% or more of its outstanding shares.  

The way has been cleared for retailers to challenge swipe fees in the coming years.    The Supreme Court on Monday declined to reinstate a class-action lawsuit settlement that would have blocked merchants from challenging Visa and MasterCard over credit card swipe fees.    

The failure of President Trump and the Republicans in Congress to repeal and replace the Affordable Care Act was shocking enough for business owners but it is the road ahead that should give operators some real heartburn.  

Home Depot disclosed an ongoing Environmental Protection Agency investigation into its lead safety practices related to its installation services business.   In an SEC filing published on Thursday, Home Depot disclosed an investigation by the EPA's criminal investigation division into its compliance with lead-safe work practices. Home Depot is currently cooperating with the EPA, having previously responded to civil document requests from several EPA regions.  

Industry experts are predicting that Bebe stores will be the next apparel retailer to declare Chapter 11.   The fashion retailer on Thursday said it had retained B. Riley & Co.as financial advisor, and has also has hired a real estate advisor to “assist with options related to its lease holdings."  

Jeff Gordman, the former CEO of Gordmans, plans to submit a bid for the bankrupt 106-store chain that would rescue it from liquidation. But he isn’t the only interested party.   

Bankrupt Hhgregg Inc.’s proposed purchase by an anonymous buyer has collapsed.