Administrative Agency Consumer Protection General Business

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Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Federal Trade Commission Issues First-Ever Guidance on “Unfair Methods of Competition”

Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more

US Treasury Eyes Online Marketplace Lending

In an interesting and unusual development, the Treasury Department has issued a notice seeking public input on the online marketplace lending business for small businesses and consumers (“Notice”), setting forth 14 questions...more

CodeBroker, LLC Files Additional Challenge to the FCC’s July 2015 Declaratory Ruling and Order

On August 14, 2015, CodeBroker, LLC (“CodeBroker”) filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit....more

FDA Delays Calorie Disclosure and Menu Labeling Compliance for One Year

Restaurants now have an additional year to revise their menu boards to comply with the Food and Drug Administration’s new menu labeling rules. The FDA had previously finalized new menu labeling rules in connection with the...more

Food Litigation Newsletter - July 2015

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - House committee approves law to bar states from requiring GMO labeling. On...more

FDA Extends Menu Labeling Deadline

Responding to input from stakeholders, the FDA has decided to extend the deadline for complying with its Menu Labeling Final Rule from December 1, 2015 to December 1, 2016. In general, the Rule requires chain restaurants and...more

6 Record Search Lessons From $43M Clydesdale Bank Penalty

Clydesdale Bank PLC was recently hit with a more-than-$43 million fine, largely because it failed to search for documents that should have been subject to its destruction policy, and for misleading consumers and its...more

FDA Issues Draft Guidance for Mandatory Recall Authority

On Thursday, May 7, 2015, the FDA released draft guidance on the implementation of its mandatory recall authority. The guidance itself is not binding on food companies, but provides more information about the FDA’s recall...more

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from...

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers...more

Another multi-million dollar TCPA settlement

TCPA settlements are becoming ho-hum because they are so frequent. They are plaintiffs’ attorneys’ dream cases because of strict liability damages. All the more reason to keep your eye on the TCPA compliance ball as it...more

OCC Updates Consumer Compliance Examination Manual To Incorporate Integrated Disclosures

The Office of the Comptroller of the Currency has released revised TILA and RESPA chapters of its examination manual for consumer compliance exams. The revised chapters incorporate the detailed procedural and substantive...more

OCC updates consumer compliance examination manual to incorporate integrated disclosures

The Office of the Comptroller of the Currency has released revised TILA and RESPA chapters of its examination manual for consumer compliance exams. The revised chapters incorporate the detailed procedural and substantive...more

DOT Revises Its “Mistaken Fares” Enforcement Policy

DOT’s Office of Aviation Enforcement and Proceedings issued a notice temporarily amending its enforcement policy regarding airlines’ obligation to honor “mistaken fares.” Until now, DOT’s Enforcement Office has generally...more

King & Spalding Lawyers Attend DOJ Cybersecurity Industry Roundtable On Data Breaches

On Wednesday, April 29, King & Spalding Partner Phyllis Sumner and Counsel Nick Oldham participated in DOJ’s first Cybersecurity Industry Roundtable regarding data breaches. The Roundtable included several notable DOJ and law...more

DOJ Releases Best Practices for Victim Response and Reporting of Cyber Incidents

Last week, the Cybersecurity Unit of the Department of Justice (DOJ) issued a list of “best practices” for companies concerning preparing for and responding to cyber-attacks. The report details the lessons federal prosecutors...more

ASIC announces proposed regulatory guide for review and remediation in the industry

After several high profile remediation programs by financial advice organisations, the Australian Securities and Investment Commission (ASIC) has decided to prepare guidance for industry participants in how to develop and...more

Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

AT&T Pays $25 Million in FCC Settlement

In the largest ever data security enforcement action taken by the Federal Communications Commission (FCC), AT&T agreed to pay $25 million to resolve an investigation into consumer privacy violations at its call centers in...more

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

Food Labeling, Food Safety & Nutrition

From a national action plan on combating antibiotic-resistant bacteria in food-producing animals and a presidential task force on fishing and seafood fraud, to proposed rules on nutrition and supplement fact labeling, the...more

OIG adds new audit item to work plan

The Office of Inspector General (OIG) has added a new ongoing CFPB project to its work plan updated as of March 13, 2015. The OIG is auditing the CFPB’s compliance with the Improper Payments Information Act of 2002, as...more

Payday lenders remain a focus for ASIC

ASIC has released a statement as well as a video from Deputy Chairman Peter Kell setting out its agenda with respect to payday lenders. ...more

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