Conflict of Laws Consumer Protection Civil Remedies

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Liquidated Damages For Junk Faxes Are Insurable in Illinois

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

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

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

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

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

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

OCC and OTS: Policy Integration

On December 8, 2011, the Office of the Comptroller of the Currency (OCC) issued a bulletin that outlines the process which the OCC intends to follow to fully integrate the Office of Thrift Supervision (OTS) policy guidance...more

Chew on This: Consumer Fraud Claim on Snack Bars Preempted

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

California Supreme Court: State Laws on Disclosure of Protected Health Information Are Not Preempted

California has long been considered a bastion of consumer protection and individual privacy rights. By its recently issued decision in Brown v. Mortensen, (2011) 51 Cal. 4th 1052 the California Supreme Court buttressed that...more

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