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With the Ninth Circuit’s O’Bannon Decision, The NCAA Must Comply With Antitrust Laws

Last year, in O’Bannon v. National Collegiate Athletic Association, et al., Ed O’Bannon, a former All-American UCLA basketball player, along with nineteen others, filed an antitrust class action suit against the National...more

FTC provides guidance on FCRA requirements for employer background checks

When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees...more

Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among...more

Senate Passes Antitrust Whistleblower Legislation

On July 22, the Senate passed the "Criminal Antitrust Anti-Retaliation Act of 2015," (S.1599), by unanimous consent. The bill, a bipartisan measure jointly introduced by Senators Patrick Leahy (D-VT) and Chuck Grassley...more

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

FTC Clarifies Native and Online Ad Obligations

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

FTC Provides Annual Financial Acts Enforcement Report to CFPB and Federal Reserve

On June 9, the FTC announced that it has provided to the CFPB its 2014 Annual Financial Acts Enforcement Report. The report highlights the FTC’s enforcement, research, rulemaking, and policy development activities with...more

FTC provides 2014 enforcement report to CFPB

The Federal Trade Commission has provided its annual Financial Acts Enforcement Report to the CFPB covering the FTC’s enforcement activities in 2014 related to compliance with Regulation Z (Truth in Lending), Regulation M...more

New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosures

After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked questions entitled “What People Are Asking” (the “FAQs”) to address...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

Health Care E-Note - March 2015

In This E-Note: - Health Care Reform in America: The Good, The Bad and The Ugly - The Federal False Claims Act - Violations of Conditions of Payment or Conditions of Participation? - State Regulatory...more

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

Federal and State Governments Respond to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and...more

TAXI! Uber and Lyft Sued in Memphis

Adding to a growing number of lawsuits around the country, a Memphis taxi company has filed a class action against Uber and Lyft for unlawfully interfering with its business....more

Use of Big Data in Recruiting and Screening Could Mean Big Problems for Employers

Recently, Allison Grande of Law360 reported on the warnings representatives from the FTC and EEOC provided to employers about using big data in the workplace at a panel hosted by the FTC. This post briefly explores those...more

FTC Settles with Payday Lender over Alleged UDAAP Violations

The United States District Court for the District of South Dakota Central Division entered a final order and judgment approving a settlement between the FTC and a payday lender, in which the company agreed to pay civil money...more

Advertising Law -- Apr 18, 2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

Mortgage Banking Update - December 14, 2012


Employers Must Update FCRA-Required Forms

The Consumer Financial Protection Bureau (CFPB) has released new regulations requiring employers to update forms mandated by the Fair Credit Reporting Act (FCRA) by January 1, 2013. The changes consist primarily of...more

New FCRA Forms Take Effect January 1, 2013

Employers must adopt new Fair Credit Reporting Act (FCRA) forms by January 1, 2013, in light of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 shifting FCRA rulemaking authority from the Federal Trade...more

FTC Settles FCRA Enforcement Action against Employment Background Screening Company

The Federal Trade Commission announced on August 8, 2012, that it had settled an enforcement action filed against an employment background screening company. The action demonstrates that the FTC still intends to vigorously...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

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