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CFPB Study of Overdraft Programs A white paper of initial data findings June 2013

Overdraft fees—many of them encouraged and generated through unfair and deceptive practices—cost consumers billions of dollars each year. Overdrafts are a particular problem when consumers use a debit card to make purchases...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

VERONICA GUTIERREZ, ERIN WALKER, and WILLIAM SMITH v WELLS FARGO BANK N.A.

CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AWARDING $203 MILLION TO WELLS FARGO'S CALIFORNIA CUSTOMERS

CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AWARDING $203 MILLION TO WELLS FARGO'S CALIFORNIA CUSTOMERS. On May 14, 2013 the U.S. District Court for the Northern District of California...more

National Consumer Law Center Re: Restoring the Wisdom of the Common Law: Applying the Historical Rule Against Contractual Penalty...

NATIONAL CONSUMER LAW CENTER (NCLS) Banks Raking In Billions In Profits From Overdraft Fees The notion behind an overdraft fee — in which a bank customer is charged a penalty for overdrafting his account — is twofold:...more

President Signs H.R. 4367 Eliminating the Requirement of Exterior Fee Disclosure Signage on ATM’s

On December 20, 2012, President Obama signed H.R. Bill 4367, which became effective upon his signing of the bill, and which eliminates the mandatory requirement that signage be placed on the exterior of Automated Teller...more

Trust in On-Line Advertising

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

California Proposes New Law To Deal With Underground Economy

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

Lawsuit Against Airline Over Misleading Fees

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

California’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

Recent class actions regarding California’s Shine the Light Act illuminate the need for California businesses to pay attention to their privacy policy compliance practices. Violations of the Act can incur civil penalties of...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

International Entities Need to Start Collection Efforts on Business Debt Early for Best Results

International companies that do business in the U.S. will at one time or another likely encounter a situation where a U.S.-based customer defaults on its debt. In this case, it is important for the international entity to...more

FTC Targets “Up To” Claims

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...more

Advertising Important For Small Business, But Should Be Done Right

Marketing is crucial to the success of a business, especially a business trying to gain a foothold in a tough or competitive environment, and businesses that need to reassert or redefine their identity in the...more

Price Fixing Case on Swipe Fees Settled By Visa and Mastercard

VISA and Mastercard have agreed to a $7.2 billion settlement in a class action lawsuit brought by merchants over credit card swipe fees. Swipe fees are the fees that VISA and Mastercard charge merchants each time a customer...more

Court Upholds Chargeback Provision in Employee Sales Commission Contract

Salespeople often work on a straight commission, or a compensation plan that includes both base pay and commission. Employers often find it useful or necessary to advance commissions to salespeople after a sale is made, but...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

Construction Oberview: Maryland Court of Appeals Rules that Consumer Protection Act Applies to Condominium Resale Disclosures

In a unanimous opinion filed on April 30, 2012, the Maryland Court of Appeals has established that provisions of the Maryland Consumer Protection Act apply to the information contained in a condominium resale certificate. The...more

Bill Illustrates Ils Besetting Corporate Fraud Fund

In 2002, the Legislature enacted AB 55 creating the victims of corporate fraud fund. Since the fund was created, it has collected about $15 million and nearly 800 claims have been submitted. In a devastating article...more

CFPB Issues S.A.F.E. Act Examination Procedures

On March 7, 2012, the Consumer Financial Protection Bureau (CFPB) issued guidance regarding examination procedures pertaining to compliance with the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act or...more

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