Legislative, Regulatory & Legal

Washington, D.C. -- U.S. consumer spending averaged $86 a day in April 2013, according to new figures from Gallup. This number is essentially flat compared to $89 in March and $83 in February.
    
According to Gallup analysis, the lack of change in consumer spending in recent months may reflect the recent increase in payroll tax, as well as the early Easter holiday. Consumer spending remains well above levels recorded during the economic recession of 2008-2011.

By Douglas H. Meal, David T. Cohen, and Lisa L. Rachlin, Ropes & Gray LLP

Retailers, like all businesses, constantly seek to learn more about their customers in order to serve them better. In Tyler v. Michaels Stores, however, the Massachusetts Supreme Judicial Court recently ruled that a simple step taken by many retailers to help achieve this goal – collecting the ZIP codes of their customers at the point of sale – can in some circumstances violate Massachusetts’ consumer protection statute.
   

LOS ANGELES — Consumers Union, the policy and advocacy arm of Consumer Reports, is taking aim at Trader Joe’s in a full page ad it took out in the Los Angeles Times.

The union is calling out Trader Joe's for selling meat and poultry from animals raised on antibiotics. The ad highlights how the overuse of antibiotics by the meat and poultry industries on healthy animals is promoting the spread of drug resistant superbugs that threaten public health. 

By Garrick Brown, research director, Terranomics

New York -- Walmart is emphasizing e-commerce for growth, said Neil Ashe, the chain’s president and CEO of global e-commerce, said during an investor presentation Wednesday morning.

 

E-commerce was labeled Walmart’s next growth engine by Neil Ashe, the retailer’s president and CEO of global e-commerce during an investor presentation Wednesday morning.

The United Food and Commercial Workers Union Local 1500 representing the greater New York area claimed victory over Target this week and offered some harsh words following a ruling by the National Labor Relations Board.

New York -- J.C. Penney Co. can continue to sell a line of Martha Stewart home goods it introduced last week under "JCP Everyday" brand pending the outcome of a trial with Macy's, a New York appeals court ruled on Tuesday.
 
The court denied Macy's request for a preliminary injunction blocking sale of the goods while a court battle continues over rights to the products.  
   

Boca Raton, Fla. -- Office products retailer Office Depot reported a worse-than-expected first quarter net loss of $17 million, compared with net earnings of $41 million a year earlier, hurt by lower sales and costs related to its pending merger with OfficeMax. The company also said it would hold a special meeting with investors to seek approval for the merger.   

New York -- A Monday report by Bloomberg said that ex-Aeropostale executive Christopher Finazzo – convicted last week on 14 counts of  fraud against the retailer – has been order to forfeit more than $25 million.

Jurors unanimously found that Finazzo must turn over $25.79 million in cash, interest in four Calverton, N.Y., properties and as much as $300,000 from a trading account, according to the Bloomberg report, which cited a statement by Robert Nardoza, spokesman for Brooklyn U.S. Attorney Loretta Lynch.