Latest news with #RussellColeman
Yahoo
3 hours ago
- Business
- Yahoo
Kentucky AG Becomes Latest to File Lawsuit Against Temu
Another state's attorney general has turned on Temu. Kentucky Attorney General Russell Coleman filed a lawsuit setting forth a host of claims against the China-founded e-commerce company Thursday. The state alleges that Temu illegally captures unnecessary consumer data, allows that data to be shared with Chinese government officials, uses greenwashing tactics to convince consumers to purchase, relies on forced labor, violates intellectual property laws on Kentucky-based brands and more. More from Sourcing Journal Shein Fined $700K in California for Failing to Notify Customers of Shipping Delays Peloton Faces Proposed Class Action Over Apparel Promo Texts TuffAir Claims Amazon Launched a 'Copycat Operation' Based on Its Trade Secrets Coleman states that his office conducted an investigation into the Temu app's inner workings and mechanisms for collecting consumer data, which 'revealed that the Temu app is designed to collect sensitive user data without the user's knowledge or consent and is purposely designed so that it can evade detection of this type of data collection by third-party security researchers.' He went on to say that the company 'collects an alarming amount of sensitive user data (PII) that is well beyond what would be necessary in the ordinary course of business for an online shopping app.' The state believes that practice to be doubly concerning because Temu's parent company is a Chinese entity. 'These privacy and security risks are compounded by the fact that Temu is owned by a Chinese company (PDD Holdings, Inc.), which itself is subject to Chinese law, including laws that mandate secret cooperation with China's intelligence apparatus, to the exclusion of any data protection guarantees existing in the United States,' Coleman said in the complaint. Beyond the myriad data security and consumer privacy concerns expressed in the complaint, Coleman also alleges that Temu uses forced labor to make goods it sells to Kentucky consumers. In the complaint, that claim is propped up by a report from the Los Angeles Times and Congressional reports that state that Temu lacks measures to prevent products made in China's Xinjiang Uyghur Autonomous Region (XUAR) from reaching U.S. customers. Coleman later alleges that, in addition to its other purported infractions, Temu violates the intellectual property rights of Kentucky businesses 'The Temu app is awash in products that baldly infringe upon, or simply copy outright, intellectual property owned by U.S.- based businesses large and small,' Coleman writes. 'As of the date of this filing, Temu features dozens of what appear to be unlicensed products claiming to be from Kentucky brands like the University of Kentucky, University of Louisville, Buffalo Trace Distillery and Churchill Downs.' Coleman's crusade against Temu is the latest in a string of government lawsuits against the company, which is headquartered in Boston but was founded in China. Last year, Arkansas Attorney General Tim Griffin filed a lawsuit against the company over data privacy concerns, and last month, Nebraska Attorney General Mike Hilgers filed a separate complaint alleging some of the same wrongdoings Coleman pinpoints in his newly filed lawsuit. What's more, the attorneys general of 21 states banded together last summer to pen a letter to Qin Sun, Temu's president, and Chen Lei, CEO of PDD Holdings, Temu's parent company, demanding answers to questions about Temu's business practices. Federal lawmakers have shown similar scrutiny toward the low-cost e-commerce player. Coleman said the company's practices actively put Kentucky shoppers in danger and threatens the success of state businesses. 'Temu's cheap products and flashy marketing hide real danger. Their platform can infect Kentuckians' devices with malware, steal their personal data and send it directly to the Chinese government,' Coleman said in a statement. 'At the same time, they're eroding trust in some of Kentucky's most iconic brands, which could lead to job losses and hardship. Kentuckians need a strong defense against this aggression, and that's exactly what the Attorney General's Office intends to do.' The state claims that Temu violated the Kentucky Consumer Protection Act (KCPA) and seeks a preliminary and permanent injunction 'preventing Temu from acquiring, maintaining and otherwise utilizing the PII of Kentucky citizens,' as well as putting a stop to intellectual property infringement. It has also requested a $2,000 penalty be issued to Temu for each individual violation of the KCPA. A Temu spokesperson denied the allegations in the complaint and said the company plans to 'defend [itself] vigorously.' 'We understand that as a new company with an innovative supply chain model—one that begins by bringing the global supply chain directly to the end consumer—some may misunderstand us at first glance and not welcome us,' the spokesperson told Sourcing Journal via email. 'We are here for the long term and are eagerly listening and improving. We believe that scrutiny will ultimately benefit our development. We are confident that our actions and contributions to the community will speak for themselves over time.' Solve the daily Crossword
The Star
3 days ago
- Politics
- The Star
Hong Kong court orders law on use of opposite-sex toilets to be struck down
A Hong Kong court has ruled that a law prohibiting individuals from using some public toilets designated for the opposite sex must be struck down, as a judge partially upheld a legal challenge for widening acceptance for transgender people in sex-specific facilities. In the landmark ruling, the High Court upheld an anonymous litigant's claim that the government violated its constitutional duty to safeguard residents' equality and privacy rights by criminalising the misuse of public restrooms managed by the Food and Environmental Hygiene Department at the expense of the transgender community. Mr Justice Russell Coleman suspended his judgment for a year to allow the government time to come up with an approach, noting that officials might feel content to 'let the criminal offence go'. 'I suppose the view could be taken that, as with other conveniences accessible by the public (but privately managed), there are other offences which can be used to deter and punish improper conduct,' he said in a 51-page judgment. 'This is a matter of line-drawing, which seems to me to be a question for the government or legislature to address.' He also stressed that the court would not judge where the line separating men and women should be drawn in the legal context, as it was a matter for legislation, 'probably in the context of wider or interlinked questions'. The government can also file an appeal against the decision within 28 days. The applicant, a transgender man only identified in court as 'K', sought a judicial review in 2022 by highlighting a potential breach of local laws if he was found to have entered a public restroom that did not align with the female sex marker on his identity card. The court heard that K held a gender identity letter showing he was undergoing a period of 'real-life experience', during which he sought to live consistently in the adopted gender. The step is generally required in Hong Kong for anyone wishing to proceed to hormonal treatment or sex reassignment surgery. The Public Conveniences (Conduct and Behaviour) Regulation, which governs the use of public lavatories managed by the department, bars anyone aged five or above from such facilities allocated to their opposite sex. Offenders can face a fine of up to HK$2,000 (US$254). The applicant's counsel argued the regulation should be revised to accommodate holders of such medical certificates so that they could access toilets of the sex they identified as before they were deemed fit to receive treatment. Tim Parker SC, for K, highlighted the mental health challenges faced by the transgender community and said his client would minimise water intake while outdoors to avoid having to go to public toilets and arousing suspicion. Authorities resisted the legal bid by highlighting safety and privacy concerns and society's expectation that toilet access be limited in accordance with the users' biological sex. The present case has founded a new battleground for greater legal recognition by the LGBTQ community that has forced the city government to implement piecemeal reforms over the years through legal action. The Court of Final Appeal delivered a landmark judgment in 2023 affirming transgender people's right to use their preferred sex on their identity cards without having to undergo the full reassignment process. But the top court also highlighted that the new legal position did not signify recognition of the holder's sexual status as a matter of law. One of the applicants behind the successful legal bid has since initiated a fresh challenge over what he considers to be unlawful requirements to continue using his preferred sex on his identity card. Quarks HK, a concern group focusing on issues with transgender youth, said the ruling marked a significant milestone in human rights development in Hong Kong. It urged authorities to set up more gender-friendly public facilities and double down on efforts to remove the social stigma attached to transgender people. - SOUTH CHINA MORNING POST
HKFP
6 days ago
- Politics
- HKFP
Gov't mulls appealing against court ruling granting trans people access to toilets matching their gender identity
The Hong Kong government is considering appealing against a court ruling that granted transgender people access to public toilets in line with their affirmed genders. In a statement on Thursday, a day after the High Court ruled in favour of a trans man challenging the laws that ban people from entering public bathrooms designated for the opposite sex, the government said it was considering an appeal and that the laws were still in effect. The segregation of sex in public toilet use was 'widely accepted by society' and the provisions protected privacy and safety, the government said. 'The establishment of sex-segregated public toilets… aims to protect the privacy and safety of the public when using public toilets, and to reflect social norms and expectations,' the Environmental and Ecology Bureau (EEB) spokesperson said. The EEB oversees the Food and Environmental Hygiene Department (FEHD), which manages Hong Kong's public toilets and bathrooms. In a judgment handed down on Wednesday, High Court Judge Russell Coleman ordered the government to strike down two provisions in the city's Public Conveniences (Conduct and Behaviour) Regulation. Provisions 7 and 9 of the PCCBR state that no male person, other than a child under five who is accompanied by a female relative or nurse, can enter a public toilet allocated for women, and vice versa. Coleman said the laws 'create a disproportionate and unnecessary intrusion into the privacy and equality rights' and contravened Article 25 of the Basic Law, under which all Hong Kong residents are equal before the law. 'Many trans people choose not to use public conveniences at all, due to fear, the threat of harassment, and to avoid having their gender identity invalidated or undermined,' the judge wrote. But he suspended the order for one year to allow the government to 'consider and implement the appropriate way to resolve the contravention.' The PCCBR only applies to public toilets managed by the FEHD. The High Court judgment did not touch upon the regulations of privately managed toilets accessible to the general public. K, the trans man who filed the judicial review – a legal tool to challenge government policies – against the public toilet laws, called Wednesday's court ruling 'a progressive step towards a more gender-friendly environment in Hong Kong.' 'Today, my transgender friends who are still undergoing gender transitions and I can openly use public restrooms without fear of being denied,' he said in a Chinese-language statement released by his legal representatives after the verdict was released. Transgender concern group Quarks urged the government to 'immediately strike down' the provisions, as well as to comprehensively review gender-related laws and policies. The government said in the Thursday statement that gender-neutral toilets, including accessible toilets for the disabled and unisex toilets, were available 'near about half of all sex-segregated toilets.' Such facilities 'are available for use by all members of the public, including transgender individuals,' the government said.
NDTV
23-07-2025
- Politics
- NDTV
Hong Kong Court Strikes Down Law On Use Of Opposite-Sex Toilets
A Hong Kong court struck down laws on Wednesday criminalising people for going into public toilets designated for the opposite sex, a ruling hailed as "a forward step" for transgender rights. A trans man, known as "K", filed the lawsuit nearly six years ago in light of what he described as "embarrassing and upsetting" discrimination often faced by trans people when using public bathrooms. K was encouraged by doctors to use men's bathrooms as part of his gender dysphoria treatment, but because his Hong Kong ID card identified him as female, he could be fined up to HK$2,000 ($255) for doing so. He did not receive criminal penalties but recalled a situation where his entering a women's bathroom led to tension and misunderstanding. "The way people looked at me and doubted me was very painful," he told AFP. "When the rules are abolished, I believe it will reduce these embarrassing situations." K argued that existing rules breached his rights to equality, privacy, and freedom from discrimination. High Court judge Russell Coleman agreed on Wednesday, saying the laws "create a disproportionate and unnecessary intrusion into the privacy and equality rights". "Many trans people choose not to use public conveniences at all, due to fear, the threat of harassment, and to avoid having their gender identity invalidated or undermined," Coleman said. The judge gave the government a year to "consider whether it wishes to implement a way to deal with the contravention". Hong Kong's government said it would study the ruling and consider follow-up actions. Transgender activists have notched a handful of wins in Hong Kong's courts, which are separate from those in mainland China. The city's top court decided in 2023 that it was unconstitutional for the government to require a person to complete full gender-affirming surgery before the "sex entry" on their ID card could be changed. K said the ruling was "another forward step" for LGBTQ rights but noted that Hong Kong still does not have a gender recognition law. Authorities should also create more gender-neutral facilities and dispel myths that women's toilets would become unsafe after Wednesday's ruling, he added. K's lawyer Mark Daly said the government has a duty to "proactively review discriminatory laws and ensure that public spaces are safe, inclusive, and accessible to all, regardless of gender identity". Quarks, an advocacy group for transgender youth, hailed the ruling as a "major step for human rights development in Hong Kong".
HKFP
23-07-2025
- Politics
- HKFP
Transgender people have right to use public toilets in line with their affirmed genders, Hong Kong court rules
Transgender people are entitled to use public toilets according to their affirmed genders, a Hong Kong court has ruled in a landmark legal challenge filed by a trans man. High Court Judge Russell Coleman said in a judgment delivered on Wednesday that the Public Conveniences (Conduct and Behaviour) Regulation (PCCBR), which makes it illegal for transgender people to enter public toilets in line with their gender identity, is unconstitutional. Coleman ruled that two relevant provisions of the law should be struck down but suspended the judgment for one year to allow the government to 'consider and implement the appropriate way to resolve the contravention.' According to provisions 7 and 9 of the PCCBR, no male person, other than a child under five who is accompanied by a female relative or nurse, can enter a public toilet allocated for women, and vice versa. Under the current law, authorities have the power to order any person violating the law to leave public toilets. Those who violate the law may be committing a criminal offence and will be fined up to HK$2,000. Judge Coleman ruled that those provisions contradicted Article 25 of the Basic Law, which states that all Hong Kong residents are equal before the law. The PCCBR only applies to public toilets managed by the Food and Environmental Hygiene Department (FEHD). The High Court judgment did not touch upon the regulations of privately managed toilets accessible to the general public. K, the applicant in the judicial review, said in a Chinese-language statement released by his legal representatives on Wednesday afternoon that he began preparing the legal challenge six years ago. 'Today, my transgender friends who are still undergoing gender transitions and I can openly use public restrooms without fear of being denied,' he said. 'This is a progressive step towards a more gender-friendly environment in Hong Kong, and we hope that the judicial system in Hong Kong will gradually become more inclusive in the future.' K, who was assigned female at birth, has been receiving medical treatment, including hormonal treatment, since he was 19. When he filed the judicial review, he was waitlisted for sex reassignment surgery and still identified as 'female' in his Hong Kong Identity Card, according to the judgment. Daly & Associates, K's solicitors, called the ruling a 'victory' and 'another step forward on the long road towards equality for the LGBTQ+ community in Hong Kong.' 'We welcome this judgment as a significant milestone in the advancement of transgender rights in Hong Kong,' the solicitors said. 'We urge the Government not to continue perpetuating these injustices, but to take timely, proactive actions to protect fundamental human rights, including the right to protection from discrimination on the grounds of gender identity.' Transgender concern group Quarks urged the government to 'immediately strike down' the provisions, as well as to push legislation of gender recognition and to comprehensively review gender-related laws and policies. Definition of male and female During the judicial review, K also asked the government to revise the definitions of 'male' and 'female' in the PCCBR to include transgender people like himself. According to Wednesday's judgement, Coleman said it should be the legislature, not the court, that gives the definition. The Court of Final Appeal ruled in February 2023 that it was unconstitutional for the government to require transgender people to complete full sex reassignment surgery (SRS) before they could change the gender marker on their identity cards. In 2021, the Equality Opportunities Commission (EOC), Hong Kong's equality watchdog, called for legislation to provide for protection against discrimination based on sexual orientation, gender identity and intersex status. However, the government or the EOC has yet to introduce any proposals.
