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 files an amicus brief in support the petition for writ of certiorari before the Supreme Court
March 4, 2019
Fort Bend County, Texas. v. Davis
NRF filed an amicus brief asking the U.S. Supreme Court to take up a case on whether a worker who has not raised a discrimination claim as part of an Equal Employment Opportunity Commission case can file a lawsuit in federal court.
- NRF asks Louisiana Supreme Court to rule in online sales tax case
Newell Norman, Sheriff & Ex-Officio Tax Collector for the Parish of Jefferson v. Wal-Mart.com USA
March 1, 2019
NRF filed an amicus brief asking the Louisiana Supreme Court to hear an appeal from Walmart on whether a third-party online marketplace can retroactively be required to collect sales tax.
- NRF tells Supreme Court SNAP purchase data should be confidential
February 21, 2019
NRF filed an amicus brief asking the U.S. Supreme Court to rule that purchasing data involving the federal Supplemental Nutrition Assistance Program is confidential business information that does not have to be disclosed under the Freedom of Information Act.
- NRF supports Domino’s in ADA web access case
January 15, 2019
Robles v. Domino's Pizza
Last year, NRF filed an amicus brief with the 9th U.S. Circuit Court of Appeals in support of Domino's Pizza in a website access case brought under the Americans with Disabilities Act. Attached is a link to the Opinion by Judge Owens
- NRF supports retailers sued over discount price advertising
December 3, 2018
State of California v. J.C. Penney Corporation Inc.
NRF filed an amicus brief in the California Court of Appeal in support of retailers sued by the Los Angeles County Attorney for advertising that a sale price is a discount from a previous price.
- NRF asks Supreme Court to take up appeal on disclosure of SNAP purchases
November 13, 2018
Food Marketing Institute v. Argus Leader Media
NRF filed an amicus brief asking the U.S. Supreme Court to take up the Food Marketing Institute’s appeal of a ruling that required merchants to disclose purchasing data involving the federal Supplemental Nutrition Assistance Program under the Freedom of Information Act. FMI contends that the data is exempt from disclosure and that releasing it would cause competitive harm.
- NRF asks 11th Circuit to reverse ruling in credit card number case
Muransky et al. v. Godiva Chocolatier Inc
October 31, 2018
NRF filed an amicus brief with the 11th U.S. Circuit Court of Appeals opposing its ruling against Godiva, which was sued for allegedly violating the federal Fair and Accurate Credit Transactions Act prohibition against printing more than the last five digits of a credit card number on a receipt. The brief argued that the suit should not have been allowed because the plaintiff had not suffered identify theft or other harm.
- NRF asks Supreme Court to take up data breach case
Zappos v. Stevens et al
September 21, 2018
NRF filed an amicus brief asking the U.S. Supreme Court to take up a case on whether an individual can sue simply because their credit card information was involved in a data breach even if there is no evidence that they have suffered harm or have an imminent threat of harm.
- NRF opposes Illinois lawsuit over fingerprint identification
Stacy Rosenbach v. Six Flags Entertainment Corp. and Great America LLC
September 11, 2018
NRF filed an amicus brief with the Illinois state Supreme Court arguing that employees required to provide a thumbprint for timekeeping purposes should not be allowed to sue under the state’s Biometric Information Privacy Act if there is no allegation that they were harmed by doing so.
- 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 uphold South Dakota online sales tax law
March 5, 2018
South Dakota v. Wayfair
NRF filed an amicus brief with the U.S. Supreme Court asking the justices to uphold a South Dakota law requiring online retailers with more than $100,000 in annual sales into the state to collect sales tax.
- 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.
- NRF asks appeals court to throw out class-action lawsuit over handicapped parking
November 20, 2017
Mielo v. Steak ‘n’ Shake
NRF filed an amicus brief asking the 3rd U.S. Circuit Court of Appeals to reverse a U.S. District Court judge’s certification of a national class action lawsuit brought under the Americans with Disabilities Act claiming that the slope of handicapped parking spaces was too steep.
- 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.