Michael Mallow

Michael Mallow

Loeb & Loeb LLP

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California Federal Court Requires Pre-Recording Notification of All Cell Phone Calls Under California Invasion of Privacy Act

A federal district court in the Northern District of California in March refused to dismiss a consumer class action against wireless telecommunications company Verizon alleging that a third-party collections agency hired by...more

4/18/2014 - Audio Recording Cell Phones Class Action Invasion of Privacy Mobile Devices Privacy Laws Telecommunications Verizon

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb...more

4/17/2014 - Advertising Automotive Industry False Advertising Trucking Industry

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks

In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not...more

4/17/2014 - Chemicals Cosmetics FDA FDCA

California Attorney General Urges Companies to Be Prepared for Cyber Attacks and Security Breaches

Kamala Harris, California's Attorney General, issued a set of recommendations for preventing and responding to cyber attacks and security breaches. The recommendations, called Cybersecurity in the Golden State, are directed...more

3/18/2014 - Cyber Attacks Cybersecurity Data Breach Data Protection Small Business

CFPB Sues For-Profit College Giant ITT, Alleging Strategy of Abusive Lending Practices

After signaling its intention to crack down on deceptive marketing and predatory lending practices by for-profit colleges, the Consumer Financial Protection Bureau has filed its first enforcement action in this arena. The...more

3/14/2014 - CFPB Dodd-Frank Fair Lending Paying For College Predatory Lending Regulation Z Student Loans Unfair or Deceptive Trade Practices

Illinois Appellate Court Holds Insurer Liable for TCPA Class Action Settlement

Adding to the already fragmented judicial approach to insurance coverage for Telephone Consumer Protection Act claims, an Illinois appellate court has held that an insurance company is responsible for covering a $1.7 million...more

2/7/2014 - Class Action Insurers Settlement TCPA

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for...

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges...more

2/3/2014 - Class Action FDA Food Labeling Food Manufacturers Food Safety GMO

Calling 7th Circuit: Robocalls And Federal Preemption

In a recent decision, the U.S. Court of Appeals for the Seventh Circuit held that the federal Telephone Consumer Protection Act did not preempt an Indiana state law with more restrictive prohibitions on autodialed calls —...more

1/17/2014

Justice Department and CFPB Announce $98 Million Settlement of Auto Lending Discrimination Allegations

The U.S. Department of Justice and the Consumer Financial Protection Bureau recently announced a $98 million settlement - the largest auto loan discrimination settlement to date - resulting from a nearly yearlong...more

1/13/2014 - Automotive Loans CFPB Discrimination DOJ

Back to the Future: The CFPB’s Arbitration Report Could Signal a Return to the Days Before Concepcion

The “preliminary” report on consumer arbitration issued late last year by the Consumer Financial Protection Bureau appears to be another marker along the road leading to the end of alternative dispute resolution as a primary...more

1/7/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Arbitration Waivers SCOTUS

They’re Here: The FCC’s New Regulations Under the TCPA — Now What?

Consumer class actions alleging violations of the Telephone Consumer Protection Act (TCPA) are on the rise, with consumers filing several new class actions a week in California alone. Easy to file and requiring little upfront...more

10/25/2013 - FCC Robocalling TCPA Telemarketing Texting Written Consent

The New Written Consent Requirements for Telemarketing Calls under the TCPA Go into Effect on October 16, 2013—Are You Ready?

The Federal Communications Commission (FCC) approved and published its amended Telephone Consumer Protection Act (TCPA) regulations in February 2012, imposing additional consent, abandonment, and opt-out requirements for...more

10/9/2013 - Consent FCC Robocalling Spam TCPA Telemarketing Writing Requirement

Hold the Phone: Dramatic Increase in California "Illegal Recording" Class Actions

We have recently observed a dramatic uptick in California consumer class actions alleging that businesses have illegally recorded telephone conversations between consumers and customer service, telemarketing and/or...more

8/13/2013 - Audio Recording Cell Phones Class Action Fourth Amendment Right to Privacy Tape Recordings

The Elephant in the Room: Contingency Fees and the Future Of Coupon Settlements After In re HP Inkjet Printer Litigation

The Ninth Circuit’s May 15 ruling in In re HP Inkjet Printer Litigation could significantly limit the use of coupons in settlements, attorneys Michael Mallow and Livia Kiser say in this BNA Insight. The authors discuss the...more

8/5/2013 - Attorney's Fees Contingency Fees Fees Settlement

CFPB Will Apply FDCPA Rules to Businesses That Collect Their Own Debts

Congress enacted the Fair Debt Collection Practices Act (FDCPA) in 1977 to protect consumers from unfair debt collection practices by third parties that were hired to collect debts on behalf of others. ...more

7/25/2013 - CFPB Debt Debt Collection Debtors FDCPA Harassment UDAAP

California Enacts Fair Debt Buying Practices Act, Imposing New Documentation Requirements in Actions to Collect on Debts

Following unanimous votes in the State Assembly and Senate, California Governor Jerry Brown approved the enactment of the state’s Fair Debt Buying Practices Act (S.B. 233). The Act, which will apply to debt sold or resold on...more

7/23/2013 - Consumer Fraud Debt Debt Collection Fair Debt Buying Practices Act Jerry Brown Required Documentation

California Court Denies Defendant's Challenge to CFPB Enforcement Authority

A California district court judge has denied a defendant's challenge to the authority of the Consumer Financial Protection Bureau to bring a civil enforcement action against the defendant in federal court. Judge Percy...more

7/22/2013 - CFPB Enforcement Actions Loan Modifications Recess Appointments Waivers

Confirmation of Director Cordray Could Substantially Increase CFPB Enforcement Activity

This week's Senate confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau could have immediate consequences for the CFPB's Enforcement Division and for businesses that have been accused of...more

7/18/2013 - CFPB Compliance Enforcement Actions Recess Appointments Richard Cordray

CFPB Discloses Use of "Proxy Data" in Identifying Discriminatory Auto Lending Practices

Consumer Financial Protection Bureau Director Richard Cordray recently provided a letter response to an inquiry from Democratic members of the House Committee on Financial Services requesting information about the Bureau's...more

7/18/2013 - Automotive Loans CFPB Discrimination Lending Racial Discrimination Richard Cordray

Supreme Court Will Resolve Questions About Obama Recess Appointments and CFPB Authority

As anticipated, the United States Supreme Court has granted certiorari in National Labor Relations Board v. Noel Canning, signaling the next chapter in the challenges that have been raised as to the legitimacy of certain...more

7/9/2013 - Barack Obama Canning v NLRB Certiorari CFPB FTC NLRB Recess Appointments Richard Cordray SCOTUS

CFPB Issues Rule for Supervising Nonbanks That Allegedly Pose Risks to Consumers

The Consumer Financial Protection Bureau has issued a new rule outlining procedures for notifying nonbanks that they are being considered for CFPB supervision. The Dodd-Frank Wall Street Reform and Consumer Protection Act of...more

7/5/2013 - CFPB Consumer Protection Act Dodd-Frank Financial Products Liability Notice Requirements SEC

CFPB Issues Guidance to Businesses for Possibly Avoiding or Reducing Enforcement Liability

The Consumer Financial Protection Bureau has issued the bulletin “Responsible Business Conduct”, providing guidance to individuals and businesses within its enforcement authority on four categories of “responsible conduct”...more

7/2/2013 - CFPB DOJ Enforcement Actions Responsible Business Conduct SEC

Supreme Court Enforces Arbitration Provision Barring Merchants From Bringing Class Action Antitrust Claims Against American...

The United States Supreme Court has issued a divided (5-3) decision in American Express Co. v. Italian Colors Restaurant, reaffirming the Court’s long-standing inclination to enforce contractual arbitration agreements....more

7/2/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS Sherman Act The Clayton Act

CFPB Investigation Leads to First Criminal Referral to DOJ

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the...more

5/24/2013

CFPB Issues Rules Governing Use of Civil Penalty Funds

One of the most intriguing aspects of the new Consumer Financial Protection Bureau is the agency's novel power not only to assess civil penalties against those entities that violate its rules and federal consumer laws, but...more

5/22/2013 - CFPB Civil Monetary Penalty Dodd-Frank

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