On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews...more
While the term “microplastics” has been making waves in certain circles, especially in the context of seafood and water, broader public unease about their presence in our foods is ramping up at a concerning pace. A recently...more
Consumer awareness about climate change and the environmental and social implications of the goods and services they buy is only growing. In response, products marketed with these sentiments in mind are also on the rise. A...more
California Gov. Gavin Newsom has vetoed AB 2247, which would have required registration of all goods containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), but signed AB 2771 and AB 1817, which will restrict...more
In just the past few weeks, multiple class actions have been filed in California against a variety of companies, including Tiffany & Co., Dollar Shave Club, Goodyear Tires, M.A.C. Cosmetics and Michael Kors USA, making the...more
In a continuing effort to address concerns surrounding consumer goods containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), a broad class of chemicals commonly referred to as “forever chemicals,” the California...more
In 2022, Colorado joined a growing list of states seeking to regulate the use of perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) in consumer products. The Colorado General Assembly enacted House Bill 22-1345, the PFAS...more
NFTs—or “nonfungible tokens”—are everywhere. What was once seen as a collectors’ item for crypto geeks and LeBron James TopShop fanatics is now gaining popularity with a much wider audience. Take the recent example of the...more
3/2/2022
/ Blockchain ,
Copyright ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Financial Markets ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities ,
Tax Planning ,
Trademarks ,
Virtual Currency
In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary...more
7/19/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance -
The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation...more
Yesterday, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services, Inc., -- F.3d --, 2021 WL 1556069 (Apr. 21, 2021), which almost immediately set off alarms in the...more
On Jan. 29, 2021, Gov. Newsom signed legislation to extend California’s eviction moratorium through June 30, 2021....more
2/11/2021
/ California ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
Companies have drafted myriad new policies in order to continue pandemic-era operations, whether required by law or to accommodate new ways of doing business. However, simply having a policy is only the first step to...more
As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more
8/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Force Majeure Clause ,
Landlords ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Tenants ,
Wage and Hour ,
Workplace Safety
On Aug. 13, 2020, the Judicial Council of California voted to end two temporary emergency rules governing evictions and judicial foreclosures. These rules suspended both residential and commercial eviction actions by...more
As businesses begin to reopen nationwide, they should take note of a recently emerging litigation trend: lawsuits against employers for allegedly insufficient COVID-19 protocols and safety measures that are claimed to have...more
Gov. Gavin Newsom extended eviction moratorium authority on May 29, 2020. The new order allows local governments to extend prohibitions on landlords from evicting tenants for nonpayment of rent and prohibits enforcement of...more
6/2/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Governor Newsom ,
Landlords ,
Moratorium ,
Popular ,
Rent ,
Rental Property ,
Residential Leases ,
Tenants
Attorneys general around the country are watching the amounts being charged for common goods during this crisis and comparing those amounts to what was being charged prior. While the demand for items goes up, so too does the...more
Many companies in the consumer credit industry have quickly responded to the coronavirus pandemic and its impact to their borrowers. As lenders, collectors and debt buyers think about how to provide meaningful relief while...more
On March 25, 2020, California Gov. Gavin Newsom issued an executive order permitting local governments to impose eviction protections for residential and commercial tenants whom are unable to pay their rent because of...more
On March 19, 2020, California Gov. Gavin Newsom issued Executive Order N-33-20 and ordered all individuals living in the state of California to stay at home or their place of residence except as needed to maintain continuing...more
The coronavirus has enormously impacted the lodging, gambling, travel and leisure industries through cancellations of trade shows, conventions, concerts, vacations and travel in general. Every new case throughout the world is...more
Social media is ever present in the daily lives of the majority of Americans. It has also become one of the main advertising vehicles for companies in recent years. These advertisements and, more specifically, marketing via...more
1/28/2020
/ Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Online Endorsements ,
Popular ,
Social Media ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
Even as the U.S. Department of Agriculture released its interim rule for the domestic production of hemp, the last few months should stand as a strong reminder to the industry: in addition to complying with new rules and...more
12/11/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Consumer Protection Laws ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Interim Rule ,
Marketing ,
Product Labels ,
USDA ,
Warning Letters
On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt...more