Michael Mallow

Michael Mallow

Loeb & Loeb LLP

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CAFA: Recent Developments on the Jurisdictional and Settlement Fronts

Since Congress enacted the Class Action Fairness Act (CAFA) in 2005, the nation’s class action litigation has increasingly migrated to the federal stage, with plaintiffs bringing more class actions directly to federal court...more

9/15/2014 - CAFA Class Action Federal Jurisdiction Jurisdiction Removal SCOTUS Settlement

New AAA Consumer Arbitration Rules Go Into Effect September 1

The American Arbitration Association (AAA) has released a set of stand-alone rules that apply to arbitrations involving consumer disputes. The rules go into effect September 1, 2014. To date, the AAA has been administering...more

8/29/2014 - American Arbitration Association Arbitration Final Rules

Class Action Roundtable - July 2014

Executive Summary: MODERATOR: What are the implications of Daimler AG v. Bauman? How will the Court’s decision impact the ability to bring class actions against large, multi-site corporations? STEVEN ELLIS:...more

7/7/2014 - Class Action Class Certification DaimlerChrysler DaimlerChrysler v Bauman Forum Forum Selection Clause Jurisdiction Minimum Contacts SCOTUS

Ninth Circuit Rules That Redbox's Collection of Customer ZIP Codes Falls Under "Deposit" Exception to California's Song-Beverly...

In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's...more

7/3/2014 - Marketing Personally Identifiable Information Redbox Retailers Security Deposits Song-Beverly Credit Card Act ZIP Codes

A Spoonful of Sugar? Better Put It on the Label - FDA Issues Draft Guidance on Branding Honey

Addressing concerns about adulterated honey products, the FDA has issued draft guidance clarifying labeling requirements. According to the guidance, purveyors of honey products must specify on the product label and in the...more

4/24/2014 - Brand FDA Food Labeling

California Bill Imposes Tough Data Retention Restrictions and Broad Liability for Customer Data Breaches

In response to the recent high-profile data breaches involving the personal and financial information of millions of consumers, California legislators have advanced a bill that would hold businesses doing business in...more

4/24/2014 - Cybersecurity Data Breach Data Protection Data Retention

Bipartisan Group Introduces Safe and Accurate Food Labeling Act in House

In an attempt to stop the proliferation of a patchwork of state-by-state food labeling laws, and to “reaffirm” the Food and Drug Administration (FDA) as the sole authority on food safety and labeling, a bipartisan group of...more

4/22/2014 - FDA FDCA Food Labeling

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

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

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

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

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

Manually Dialed Telephone Calls May Violate TCPA

The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin...more

5/10/2013 - Robocalling TCPA

High Court Rules Pre-Certification Damages Stipulation Cannot Defeat Federal Jurisdiction Arising Under the Class Action Fairness...

In a much-anticipated ruling that could significantly restrict the efforts of class action plaintiffs and their lawyers to avoid litigating in federal court, the United States Supreme Court unanimously ruled that a named...more

3/27/2013 - Amount in Controversy CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

Better Business Bureau Shuts Down Southern California Chapter

The Better Business Bureau has announced that it has expelled its Southern California chapter following years of allegations that the local unit fostered a "pay for play" environment, requiring businesses to pay membership...more

3/27/2013 - Better Business Bureau Fraud Pay-To-Play

FTC Releases Annual List of Top Consumer Complaints: Identity Theft, Debt Collection, Banks and Lenders, and Credit Cards Make Top...

The Federal Trade Commission has released its annual report listing the top consumer complaint categories for 2012. Identity theft once again topped the list, representing 18 percent of consumer complaints. The overall number...more

3/11/2013 - Credit Cards Debt Collection Fraud FTC Identity Theft

Commissioner Edith Ramirez Elevated to Chair of Federal Trade Commission

Filling the vacancy left by outgoing chair Jon Leibowitz, President Barack Obama named Edith Ramirez as the next head of the Federal Trade Commission. As a current commissioner, Ramirez, who was first appointed and confirmed...more

3/6/2013 - Barack Obama Edith Ramirez FTC

California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads

Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for...more

2/13/2013 - Apple Credit Card Act Credit Cards Digital Downloads E-Commerce Electronically Downloaded Products Internet Retailers Online Privacy Protection Act Personally Identifiable Information Song-Beverly Credit Card Act ZIP Codes

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