NetChoice request to reconsider New York City Taxi and Limousine Commission Promulgates rules on HVFHS

NetChoice Opposition to City Council Motion (M-19-4) – Creating a Ban on STRs

NetChoice Opposition to City Council Motion (M-19-4) – Creating a Ban on STRs

NetChoice Opposition to City Council Motion (M-19-4) – Creating a Ban on STRs

NetChoice Opposition to City Council Motion (M-19-4) – Creating a Ban on STRs

E-Turbo News - NY court protects Airbnb and Homeaway from customer data violation

E-Turbo News – NY court protects Airbnb and Homeaway from customer data violation

“New York City’s fight against their own residents has led them to defy the constitution and violate the rights of New Yorkers,” said Carl Szabo, Vice President and General Counsel at NetChoice. “New York’s Southern District Court should protect the rights of NYC homeowners. The city’s anti-homesharing laws are dysfunctional and to enforce them New York City is trampling residents’ right to privacy.”

NetChoice Commends Injunction of NYC’s Anti-Homesharing Ordinance

Today, NetChoice commended the US Southern District Court of New York’s preliminary injunction of NYC’s anti-homesharing ordinance requiring short-term rental platforms, like Airbnb and HomeAway, to hand over huge amounts of sensitive customer data.

“New York City’s fight against their own residents has lead them to defy the constitution and violate the rights of New Yorkers,” said Carl Szabo, Vice President and General Counsel at NetChoice. “New York’s Southern District Court should protect the rights of NYC homeowners. The city’s anti-homesharing laws are dysfunctional and to enforce them New York City is trampling residents’ right to privacy.”

Here are some quotes from the Southern District Court’s decision:

  1. “[The ordinance] would invite such productions so as to permit regulators to troll these records for potential violations of law, even as to customers as to which there had been no basis theretofore to suspect any violation of law.” P.40
  2. “Existing Fourth Amendment law does not afford a charter for such a wholesale regulatory appropriation of a company’s user database.” P.40
  3. “A home-sharing platform has at least two very good reasons to keep host and guest information private, whether as to these users’ identities, contact information, usage patterns, and payment practices. One is competitive: Keeping such data confidential keeps such information from rivals (whether competing platforms or hotels) who might exploit it. The other involves customer relations: Keeping such data private assuredly promotes better relations with, and retention of, a platform’s users.” P.22

Link to opinion and order: netchoice.org/nycpreliminjunction

 

 

 

 

WJBF - New year, new laws for 2019

“You’re seeing states throw away the recommendations set forth by Justice Kennedy and instead doing anything and everything they can do to collect as much taxes from every small seller across the country as possible,” says Carl Szabo of NetChoice.

2019 Outlook: States Still Responding to ‘Wayfair’

“Among the new states imposing remote sales tax are some who are nowhere close to the standards in the Wayfair ruling,” Steve DelBianco, president of NetChoice, a trade association of e-commerce business and online consumers. “That includes states where hundreds of local tax jurisdictions have their own rules, returns, and audits, like Arizona, Colorado, and Louisiana, who are likely targets for litigation.”

Retail Dive - 12 news stories that shaped retail in 2018

The ruling has sparked a chain reaction of various tax legislation in the states. In December, California, for example, laid out new e-commerce tax requirements with the same threshold. Meanwhile, some trade organizations like the American Catalog Mailers Association and NetChoice have continued to push local and federal lawmakers to carve out protections for small businesses, which may be negatively affected by the burden of sales tax collection across the country. Retailers can expect the issue to continue into 2019

NetChoice Support for S2969 - Modifies responsibilities of fantasy sports operators concerning participant funds.

Retail Dive - California lays out new e-commerce tax requirements

In the months since that decision came down, the issue has played out in various ways state by state. Some trade organizations like the American Catalog Mailers Association and NetChoice continue to push local and federal lawmakers to carve out protections for small businesses, which may be negatively affected by the burden of sales tax collection across the country.