Antitrust & Trade Regulation, Civil Remedies, Consumer Protection

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

by Jeff Ifrah on 5/6/2013

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

by Jeff Ifrah on 4/26/2013

“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more

Advertising Law - Apr 25, 2013

by Manatt, Phelps & Phillips, LLP on 4/26/2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

FTC Sends FCRA Warning to Providers of Rental Histories

by John L. Culhane, Jr., Alan S. Kaplinsky, Mercedes Kelley Tunstall | Ballard Spahr LLP on 4/11/2013

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

Road to class certification gets bumpier

by Jarod Bona on 4/3/2013

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Jacob Harper, Rebekah Kaufman | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by Nicole Skolout | BakerHostetler on 3/27/2013

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

New FTC Advertising Guidelines Are Worth a Review

by Shep Davidson | Burns & Levinson LLP on 3/22/2013

In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another...more

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

by Jeff Ifrah on 3/18/2013

Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

by Philip Bentley, Veronica Pinotti, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 3/7/2013

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

by Alexis Amezcua, Rebekah Kaufman | Morrison & Foerster - Private Surgeon... on 12/4/2012

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers. What is striking is that the court only certified a class for declaratory and injunctive relief and...more

Google Pays $22.5 Million for Violating Users’ Privacy

by Michele Bowman | Lawyers.com on 11/29/2012

After violating a 2011 privacy settlement it had made with the Federal Trade Commission (FTC), Google has been ordered to pay a $22.5 million fine over its use of cookies on users of Apple’s Safari web browser....more

FTC and States Target “Cardholder Services” Robocalls

by BuckleySandler LLP on 11/14/2012

On November 1, the FTC announced that courts have granted temporary restraining orders in five cases in which the FTC alleged that the defendants placed automated calls to consumers to make allegedly deceptive “no-risk”...more

Do You Follow Your Posted Online Terms and Conditions?

by Sands Anderson PC on 10/23/2012

There are dozens of federal statues and regulations that govern consumer privacy. They regulate what data a company can collect and how you must protect it once you have it. One of the best ways to mess up in e-commerce is...more

Advertising Law -- August 24, 2012

by Manatt, Phelps & Phillips, LLP on 8/27/2012

In This issue: Long-Running False Advertising Class Action Resolved with $3.3 Million Payment; FTC Issues Record Fine Against Google; Jiffy Lube Agrees to $47M Tune-Up in Spam Text Suit; Coppertone’s Claims Burned...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

by Schnader Harrison Segal & Lewis LLP on 8/3/2012

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

Visa and MasterCard Enter into Memorandum of Settlement in Credit Card Interchange Antitrust Litigation

by Manatt, Phelps & Phillips, LLP on 7/19/2012

On Friday, July 13, 2012, the parties announced they settled the lawsuit known as In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Case No. 1:05-md-01720-JG-JO, pending in the United States...more

No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising...

by Mintz Levin - Antitrust on 6/5/2012

State unfair competition laws can sometimes provide a vehicle to permit consumers to bring certain types of claims arising from violations of the Sherman Act – for example, indirect purchaser price fixing claims – that such...more

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Antitrust & Trade Regulation › Civil Remedies › Consumer Protection

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

Advertising Law - Apr 25, 2013

FTC Sends FCRA Warning to Providers of Rental Histories

Road to class certification gets bumpier

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

New FTC Advertising Guidelines Are Worth a Review

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

Google Pays $22.5 Million for Violating Users’ Privacy

FTC and States Target “Cardholder Services” Robocalls

Do You Follow Your Posted Online Terms and Conditions?

Advertising Law -- August 24, 2012

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

Visa and MasterCard Enter into Memorandum of Settlement in Credit Card Interchange Antitrust Litigation

No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising...

Advertising Law -- May 31, 2012

FTC Warns Marketers to “Shape Up or Tone Down”

FTC Holder Rule opinion may guide CFPB

Shape-Up Your Ad’s Claims: Skechers Agrees to pay $40 Million to Settle Shape-Ups Suit

FTC Rejects Limits on Affirmative Recovery under Holder Rule

FTC Affirms Holder in Due Course Rule

More Consumers Suing Over Debt Collection Harassment

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