Communications & Media Consumer Protection General Business

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CFPB Consumer Advisory Board to meet on June 9

The CFPB has published a notice in the Federal Register indicating that it will hold a meeting of its Consumer Advisory Board on June 9, 2016 in Little Rock, Arkansas.  The topics to be discussed at the meeting are “an auto...more

Recommendations for Evaluating Your Organization’s Use of Social Media

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

Treasury Releases White Paper on Online Marketplace Lending

The U.S. Treasury Department has released a white paper addressing the online marketplace lending industry. Based in part on the responses to Treasury's July 2015 Request for Information (RFI), the white paper offers a broad...more

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

Senators Take Steps to Ban Arbitration Clauses in Telecommunications Contracts

On Thursday, April 28, 2016, Senators Al Franken (D-Minn.) and Richard Blumenthal (D-Conn.) proposed legislation that would ban arbitration clauses in telecommunication service contracts. The proposed bill, the Justice for...more

UPDATE Regarding California Prop. 65: Revised Warning Requirements for BPA in Canned Foods Effective May 11, 2016

The Proposition 65 warning requirement for Bisphenol-A (“BPA”) takes effect on May 11, 2016, but a recent emergency regulation has revised the warning requirements for food and beverage products only. Pursuant to an...more

Changes in Requirements of Magnuson-Moss Warranty Act: Option to Provide Warranty Terms Online Pursuant to E-Warranty Act of 2015

Manufacturers of consumer products sold in the United States should be aware that recent changes in the federal statute governing consumer product warranties allow for more flexibility in how manufacturers can satisfy their...more

FDA Issues Final Menu Labeling Guidance

The U.S. Food and Drug Administration (FDA) announced on 29th April the publication of its final guidance for industry, “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (Menu...more

How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

The Hidden Danger for Retailers Doing Business in New Jersey

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Cal PUC Issues New Rules for TNCs

At the voting meeting on April 21, the California Public Utilities Commission approved new regulations impacting the operations of Transportation Network Companies (TNCs), such as Lyft and Uber, within California. The “Phase...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

CFPB's Latest Action is Against the Co-Founders of a Lead Aggregator

On April 21 the Consumer Financial Protection Bureau (CFPB) brought its latest enforcement action by filing a civil suit in the United States District Court for the Central District of California (CDCA) against Dmitry...more

Privacy Issues to Consider When Developing a Mobile App

Many of the most popular mobile apps collect personally identifiable information. Although most app developers are not required to display a privacy policy under federal law, they are contractually required to do so pursuant...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. ...more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

When Is Natural Unnatural? When It’s Not: The Federal Trade Commission Takes Exception to “All Natural” Claims

In the 1975 song, “Natural Mystic,” legend Bob Marley sang “There’s a natural mystic blowing through the air – I won’t tell no lie.” Channeling Marley, the Federal Trade Commission recently took enforcement action against...more

OEHHA Proposes New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

Grace Period Ends Soon for California Companies with Products Containing BPA

On May 11, 2016 products that contain Bisphenol A (BPA) manufactured, sold or distributed in California, without a proper warning, will be fair game for a Notice of Intent to Sue issued under the state’s Safe Drinking Water...more

Financial Services Weekly News - April 2016 #2

Regulatory Developments - Cordray Testifies before Senate Banking Committee - On April 7, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the Senate Banking Committee during the...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all...more

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