Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

Spam, spam, wonderful spam by Jessica John Bowman

by McAfee & Taft on 5/18/2012

Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more

FTC Holder Rule opinion may guide CFPB

by Ballard Spahr LLP on 5/17/2012

On May 3, the Federal Trade Commission issued an advisory opinion interpretating its Holder Rule (officially titled the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses). The Holder Rule...more

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

by Cullen and Dykman LLP on 5/17/2012

The Federal Trade Commission (“FTC”) announced that sneaker manufacturer Skechers has agreed to pay $40 million to purchasers of its Shape-Ups, Resistance Runner, Toners, and Tone-ups shoes. The settlement represents the...more

FTC Rejects Limits on Affirmative Recovery under Holder Rule

by Ballard Spahr LLP on 5/15/2012

The Federal Trade Commission has declared that a consumer’s right to an affirmative recovery under the Holder Rule is not limited to circumstances where the consumer can legally rescind the transaction or had purchased...more

In Nutella Advertising Case, Whom Is the System Protecting?

by Ifrah Law - Strategic Defense in Federal... on 5/14/2012

The world is full of surprises, like the fact that Nutella chocolate spread is loaded with saturated fat and sugar and is not itself healthy. Ferrero USA, Inc., the company that makes Nutella, learned the hard way that...more

May 2012: Class Action Litigation Update: Data Breach Class Actions—Courts Treat Theft Differently From Mere Loss

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/14/2012

Any company that stores or processes consumers’ personal information is at risk of suffering a data breach — and, potentially, defending a class action lawsuit. Class actions based on data breaches are increasingly common and...more

FTC Affirms Holder in Due Course Rule

by BuckleySandler LLP on 5/14/2012

On May 10, the FTC released an advisory opinion affirming that the Holder in Due Course Rule does not limit or preclude a consumer’s right to recovery other than to restrict awards to monies paid under a contract. The opinion...more

Tenth Circuit Permits Trade Group Challenge to New Mexico Fair Credit Reporting Act

by BuckleySandler LLP on 5/14/2012

On May 7, the U.S. Court of Appeals for the Tenth Circuit published an opinion that a trade group has standing to sue the Attorney General of New Mexico over that state’s credit reporting and identify theft requirements....more

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

by George Bourguignon on 5/11/2012

If you are considering filing for bankruptcy and are curious what it costs or have received some quotes from bankruptcy attorneys and are making a decision on who to hire, this post is for you! Contact: George E....more

More Consumers Suing Over Debt Collection Harassment

by Lawyers.com on 5/4/2012

Debtors and their attorneys in California have contributed over the last seven years to a fivefold increase in lawsuits alleging illegal debt collection practices, according to an analysis recently published by the Sacramento...more

What should I do if I dispute the amount that I owe to a creditor?

by George Bourguignon on 5/4/2012

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more

Class Action-Style Redress for Competition Law Infringements: Should the UK ‘Opt-In’ for the ‘Opt-Out’ Proposal?

by King & Spalding on 5/1/2012

On April 24, the UK Government proposed measures to encourage private civil challenges to anticompetitive behaviour to complement the UK’s existing public competition law regime. Comments by interested parties on the...more

Advertising Law -- April 27, 2012

by Manatt, Phelps & Phillips, LLP on 5/1/2012

In This Issue: Duracell Battery Class Action Lawsuit; Class Action Settlement Seeks To “Stop” GameStop’s Allegedly Deceptive Marketing Practices; Commercial Email with Falsified or Misrepresented Header Information...more

AARP Seeking Reverse Mortgage Reforms

by Lawyers.com on 4/30/2012

The American Association of Retired Persons (AARP) is awaiting word on its challenges to federal rules and industry practices that are placing widows and widowers at risk of foreclosure. In March of 2011, the AARP Legal...more

UK government consults on Radical Proposals to Promote Antitrust Damages Actions

by K&L Gates LLP on 4/27/2012

The UK's Department for Business, Innovation and Skills ("BIS") is seeking views on how to boost antitrust damages actions. As stated in the consultation document, "Research by the Office of Fair Trading (OFT) shows that...more

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Civil Remedies – May 23, 2012

Narrowed by: Consumer Protection