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Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the...more

CFPB Fines Online Mortgage Company And Its Owner For Alleged Deceptive Rate Advertising

On August 12, the CFPB announced a consent order with a nonbank mortgage lender, its affiliated appraisal management company (AMC), and the individual owner of both companies to resolve allegations that the lender deceptively...more

Legal Alert: Multi-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits

High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement...more

Capital One Agrees to $75 Million TCPA Settlement

Capital One and three collections agencies recently announced the largest proposed cash settlement in TCPA history – $75.5 million. This is more than double the amount of the prior record – a $32 million settlement from Bank...more

FTC Settlement with Payment Processor Highlights Importance of Anti-Money Laundering Programs for Non-Bank Financial Institutions

On June 11, 2014, the Federal Trade Commission (“FTC”) announced that it had entered into a stipulated permanent injunction with Independent Resources Network Corp., a payment processor, to settle charges that it knowingly...more

CFPB Seeks Injunction Against Debt Relief Firm’s “Abusive” Practices

On May 30, the CFPB filed a complaint in federal district court against a Florida debt-relief company the CFPB alleges violated the FTC’s Telemarketing Sales Rule and the Dodd-Frank Act by promising certain debt relief...more

California Federal District Court Reinstates Order In Overdraft Class Action

On May 14, the U.S. District Court for the Northern District of California reinstated a prior order enjoining a national bank from engaging in false or misleading representations relating to certain overdraft practices and...more

Eleventh Circuit Holds that Net Revenue, Not Profits, Should Determine Damages in FTC Deceptive Marketing Case

The US Court of Appeals for the Eleventh Circuit recently affirmed a judgment against three individual defendants finding that the district court correctly used net revenue to calculate damages. Defendant-appellants were...more

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more

Case Studies: The Real World Impact of Class Actions for Technical Violations of Consumer Protection Statutes

Mama Mia, a Florida restaurant, accepts credit cards as payment for meals. A customer provides his credit card to pay for his meal and receives a receipt from the restaurant. The receipt displays the customer’s credit card...more

FTC and States Target “Cardholder Services” Robocalls

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

Ninth Circuit Takes Narrow View of Prior Express Consent in Debt Collection Case

In Meyer v. Portfolio Recovery Associates LLC, plaintiff Jesse Meyer (Meyer), on behalf of himself and a putative class, alleged that debt collection service Portfolio Recovery Associates (PRA) violated the federal Telephone...more

Ninth Circuit Find Defendant in Violation of FTC Consent Decree and Affirms District Court's Contempt Order

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that defendant had violated a consent decree entered into with the Federal Trade Commission in which defendant had agreed to clearly and...more

Can Internet-Based Membership Programs Be Illegal Pyramid Schemes?

In a decision that could have substantial implications for many Internet-based businesses, on March 14, 2012, a federal court in California enjoined the operation of a web-based promoter of websites and provider of digital...more

Advertising Law - November 4, 2011

In This Issue: Marketers of Grants Banned by FTC from Future Sales; Kashi Faces Suit Over “Nothing Artificial” Claim; MMA Releases Proposed Privacy Guidelines; Age Is More Than a Number for One Actress; and Consumer...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Rebate-Processing Company Goes Bankrupt *FTC Proposes New Ad Guides for Endorsements *Facebook Spammer Slapped With $873 Million Fine *FTC Fines Debt Collector $2.25 Million Please see full newsletter...more

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