Administrative Law, Consumer Protection, Civil Procedure

New FTC Commissioner Prioritizes Transparency in Enforcement

by Jarod Bona on 4/23/2013

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

CFPB Issues Final Rule On FOIA And Litigation Procedures

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 2/18/2013

The CFPB has issued a final rule that establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal...more

State AG Lawsuit Not Removable under CAFA, Second Circuit Holds

by Alan S. Kaplinsky, Burt M. Rublin, Christopher J. Willis | Ballard Spahr LLP on 1/16/2013

The U.S. Court of Appeals for the Second Circuit has ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “class action” under the Class Action Fairness Act....more

Where Have All The CAFA Notices Gone?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/9/2013

On February 18 2005, Congress enacted the Class Action Fairness Act (CAFA), P.L. No. 109-2 (28 U.S.C. §§ 1332(d), 1453, and 1711 – 1715). In enacting the CAFA, Congress sought to protect consumers and investors from...more

Class Action Lawsuits Attack Yogurt Products for Nonconformance with Standards of Identity

by Fuerst Ittleman David & Joseph, PL on 1/3/2013

Over the past eight months, numerous class action lawsuits have been filed by consumers against yogurt manufacturers regarding the use of milk protein concentrate (“MPC”) as an ingredient in yogurt products. Generally, the...more

Seventh Circuit dismisses NLRB recess appointment challenge

by Barbara S. Mishkin | Ballard Spahr LLP on 1/2/2013

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions...more

New Legislation Prevents Privilege Waiver When Providing Information To CFPB

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 12/31/2012

A new bill has been signed into law which prevents a waiver of attorney-client privilege when a regulated entity submits information to the CFPB. ...more

Legislation to fix CFPB privilege waiver problem passes Congress

by Barbara S. Mishkin | Ballard Spahr LLP on 12/14/2012

The U.S. Senate, by unanimous consent, has passed a bill previously approved by the House of Representatives (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the...more

Congress Passes Legislation To Fix CFPB Privilege Waiver Problem

by Keith R. Fisher, Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 12/14/2012

The U.S. Senate, by unanimous consent, has passed a bill (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the attorney-client privilege when privileged information is shared...more

Special Alert: Congress Passes Bill Extending Privilege Waiver Protections To CFPB

by BuckleySandler LLP on 12/13/2012

Yesterday, the Senate passed H.R. 4014, an important bill that clarifies that privileged materials produced to the Consumer Financial Protection Bureau (CFPB) retain their privileged character as to third parties. Because the...more

DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case

by Christopher J. Willis | Ballard Spahr LLP on 12/1/2012

Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory...more

Important standing case before Eighth Circuit

by Christopher J. Willis | Ballard Spahr LLP on 11/28/2012

Among the more interesting developments discussed in our webinar last week on the CFPB’s amicus program was the appeal currently pending before the Eighth Circuit in Charvat v. First National Bank of Wahoo, a case that raises...more

Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls

by Kelly Savage Day | Sedgwick LLP on 11/14/2012

FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a...more

District of Columbia Enacts Emergency Bill to Enhance Foreclosure Protections

by BuckleySandler LLP on 11/14/2012

On October 26, the District of Columbia enacted, on an emergency basis, Bill 914, which extends to borrowers that receive a defective notice of default on a residential mortgage the same protections that apply with regard to...more

CFPB issues bulletin on appeals procedure

by Ballard Spahr LLP on 11/2/2012

Yesterday, the Bureau released a Bulletin outlining a procedure for supervised entities to appeal certain conclusions and findings made during the examination process. The appeal procedure is somewhat unclear, since the...more

The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service

by Sheppard Mullin Richter & Hampton LLP on 11/1/2012

In Chesbro v. Best Buy Stores, LP, No. 11-35784, 2012 WL 4902839 (9th Cir. Oct. 17, 2012), the Ninth Circuit reversed the Western District of Washington’s grant of summary judgment in favor of Best Buy Stores, LP ("Best Buy")...more