Consumer Protection

Read Communications & Media Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of June 19, 2013

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

by AnnMarie Sanford, William J. Walsh | Pepper Hamilton LLP on 6/10/2013

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

Liquidated Damages For Junk Faxes Are Insurable in Illinois

by Kirk Jenkins | Sedgwick LLP on 6/4/2013

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

by Joshua Threadcraft | Burr & Forman on 5/7/2013

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

by Joshua Threadcraft | Burr & Forman on 4/24/2013

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

by Joshua Threadcraft | Burr & Forman on 4/22/2013

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

Chew on This: Consumer Fraud Claim on Snack Bars Preempted

by Dechert LLP on 10/31/2011

The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more

A Question Worth Answering Under the Telephone Consumer Protection Act: U.S. Supreme Court to Hear Whether the TCPA Contemplates...

by Reed Smith on 7/12/2011

There is no question that Congress contemplated a private right of action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(3), and the plaintiffs' bar has taken full advantage of that right. It has been...more