US Search.com Settles NY AG Investigation Over Use and Sale of Non-public Information
Posted by: Andy Lustigman
May 30, 2008

The New York Attorney General announced on May 20, 2008, a settlement relating to charges that US Search.com illegally accessed and sold consumer data compiled by credit bureaus to business clients by falsely claiming to have a lawful purpose for the data. Under the terms of the settlement, US Search.com immediately suspend its use of credit bureau data; agreed to pay $250,000 in penalties, (approximately five times the amount it made from selling the allegedly illegally obtained information). The settlement also requires the company's clients to certify that they have a permissible purpose for accessing non-public personal information and allow all certifications to be inspected by the Attorney General's Office upon request. The company is also required to train those responsible for accessing, using or disclosing any non-public personal information to ensure compliance with terms of the settlement and all applicable laws.

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Overstock.com slashes NY Affiliates to Avoid NY Tax Law/Amazon to collect tax pending lawsuit outcome
Posted by: Andy Lustigman
May 30, 2008

In what is likely to be a sign of things to come, major online retailer Overstock.com has decided to terminate its relationship with any affiliate based in New York in order to avoid remitting NY states sales tax under the "Amazon" tax law slated to take effect June 1^st. On the flipside, despite a pending lawsuit challenging the statute, Amazon.com has said that it will add sales tax to orders shipped to New York when the law takes effect.

Attachments:
NY-TSB(2).pdf

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Amazon Challenges NY Internet Sales Tax
Posted by: Andy Lustigman
May 03, 2008

Amazon.com has filed a lawsuit challenging New York State's new law forcing out of state online retailers to collect sales tax on shipments to state residents. New York residents making online purchases were previously obligated to pay the applicable tax to New York, the new law requires online vendors to collect New York sales tax on behalf of the state. In its suit, Amazon.com challenges that under the United States Supreme Court Quill decision - which requires a physical presence in the state in order to require collection of sales tax -- the statute is invalid because it requires out-of-state vendors to collect New York tax even if there is no substantial nexus with company and the State.

Attachments:
amazoncomplaint.pdf

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