NRF advocates for the retail industry on a wide range of issues, regularly weighing in on legislation being considered by Congress and regulations proposed by federal agencies. NRF’s representation of retailers extends to the courts as well because laws and regulations often become the subject of litigation and because some issues are legal disputes rather than legislative/regulatory matters.
NRF has filed lawsuits of its own, joined retail companies or other trade associations in doing so, and has filed “friend of the court” amicus briefs in a number of lawsuits where the retail industry has an interest. NRF’s legal actions have been filed at levels ranging from trial courts all the way to the U.S. Supreme Court and have often resulted in significant wins for the retail industry.
Below are links to legal briefs NRF has filed, accompanied by news releases and other supporting material where available.
- NRF supports Apple in dispute over bag search time
July 9, 2018
Amanda Frlekin v. Apple
NRF filed an amicus brief in the California state Supreme Court arguing that time spent searching an employee’s bag when leaving work at the end of the day should not be considered payable work time.
- NRF asks Supreme Court to review case on arbitration
Five Star Senior Living and FVEManagers v. Melinda Mandviwala
NRF filed an amicus brief with the U.S. Supreme Court asking the justices to take up a case challenging California’s Private Attorneys General Act, which has been used to circumvent arbitration requirements in labor disputes.
- Retailers ask Supreme Court to take up online sales tax case and recognize ‘realities of the internet age’
November 1, 2017
South Dakota v. Wayfair, Overstock and Newegg
NRF filed an amicus brief asking the U.S. Supreme Court to take up a case involving a South Dakota law requiring online retailers with more than $100,000 in annual sales into the state to collect sales tax.
- NRF asks court to uphold administrative review of patent disputes
October 30, 2017
Oil State Energy Services v. Greene’s Energy Group
NRF filed an amicus brief asking the U.S. Supreme Court to uphold the constitutionality of the “inter partes review” process, which allows many “patent troll” disputes to be head administratively at the U.S. Patent and Trademark Office without the need to go to court.
- RLC and NRF ask full appeals court to hear case on American Express credit card fees
November 15, 2016
United States v. American Express
NRF filed an amicus brief asking the full 2nd U.S. Circuit Court of Appeals to take up a lawsuit over American Express rules that keep retailers from encouraging customers to use other cards with lower processing fees. NRF said the rules are an antitrust violation and have made it difficult for merchants to win lower fees from any of the nation’s major credit card companies.
- Retailers file amicus brief in joint employer case
June 15, 2016
Browning Ferris Industries v. National Labor Relations Board
NRF filed an amicus brief in a lawsuit challenging a National Labor Relations Board ruling that expanded the traditional definition of a “joint employer” by saying a company could be held responsible for the actions of its subcontractors or franchisees.
- Retailers urge appeals court to vacate FCC’s TCPA ruling
December 3, 2015
ACA International v. Federal Communications Commission
NRF filed an amicus brief asking a federal appeals court to vacate two provisions of a Federal Communications Commission order that reinterpreted the obligations of businesses under the Telephone Consumer Protection Act. NRF said the provisions would encourage litigation threatening the ability of retailers to legitimately communicate with consumers.
- NLRB micro-union decision causes untold harm to retail
April 27, 2015
Macy’s v. National Labor Relations Board
NRF filed an amicus brief saying the National Labor Relations Board’s decision to recognize workers in a single department at a Macy’s store in Massachusetts rather than the entire store violated longstanding precedents on union organizing.
- Retailers file amicus brief in micro-union case
January 13, 2015
Nestle Dreyer’s Ice Cream Company v. National Labor Relations Board
NRF filed an amicus brief in a lawsuit challenging a National Labor Relations Board ruling that allowed the creation of “micro-unions” that could be as small as a single location within a company or a single department within a location.
- NRF asks U.S. Supreme Court to review swipe fee ruling
August 18, 2014
NACS, National Retail Federation, Food Marketing Institute, Miller Oil Co., Boscov’s Department Store, and National Restaurant Association v. Board of Governors of the Federal Reserve System
NRF filed an appeal with the U.S. Supreme Court asking the justices to overturn a ruling by the U.S. Circuit Court of Appeals for the D.C. Circuit. The appellate court ruling upheld the Federal Reserve’s 21-cent cap on debit card transaction fees, which NRF had argued was higher than the amount intended by Congress under the Dodd-Frank Consumer Protection and Wall Street Reform Act.
- Retailers ask appeals court to overturn credit card swipe fee settlement
June 16, 2014
In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
NRF asked the 2nd U.S. Circuit Court of Appeals to overturn a $7.25 billion settlement in a class action antitrust lawsuit over credit card swipe fees, saying the settlement failed to do enough to change the way credit card companies set the fees.
- NRF calls NLRB recess appointment unconstitutional
National Labor Relations Board v. Noel Canning
NRF filed an amicus brief with the U.S. Supreme Court arguing that President Obama’s use of recess appointments to fill vacancies on the National Labor Relations Board was unconstitutional and that actions taken while questionable appointees were in office should be vacated.
- NRF tells court retailers should be exempt from conflict minerals rule
September 18, 2013
NRF filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit saying retailers should not be included under regulations requiring manufacturers to determine whether merchandise contains “conflict” gold and other minerals from the Democratic Republic of the Congo.
- NRF and NCCR join coalition legal brief opposing new federal trucking regulations
July 31, 2012
American Trucking Associations v. Federal Motor Carrier Safety Administration
NRF filed an amicus brief in a lawsuit opposing new federal trucking regulations on drivers’ hours of service set by the Federal Motor Carrier Safety Administration, saying the regulations were arbitrary and capricious.
- NRF and NCCR join legal brief against micro-unions
June 15, 2012
The Neiman Marcus Group d/b/a Bergdorf Goodman v. Local 1102 Retail, Wholesale Department Store Union
NRF filed an amicus brief with the National Labor Relations Board requesting that it reject a request by the Retail, Wholesale and Department Store Union that it certify that workers in the women’s shoe department at the flagship Bergdorf Goodman store in New York City constitute a bargaining unit for union organizing.
- NRF files lawsuit saying Fed didn’t follow law in setting swipe fee regulations
November 22, 2011
NRF filed a lawsuit in U.S. District Court saying the Federal Reserve failed to follow key requirements of a 2010 law when it adopted a flawed cap on debit card swipe fees. NRF said failure allowed big banks to continue charging unjustifiably high swipe fees and has discouraged price competition among credit card networks.