Consumer Protection › Business Torts

VERONICA GUTIERREZ, ERIN WALKER, and WILLIAM SMITH v WELLS FARGO BANK N.A.

CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AWARDING $203 MILLION TO WELLS FARGO'S CALIFORNIA CUSTOMERS

CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AWARDING $203 MILLION TO WELLS FARGO'S CALIFORNIA CUSTOMERS. A California judge ordered Wells Fargo to pay California customers $203 after finding that...more

THE PEOPLE OF THE STATE OF CALIFORNIA vs. JPMORGAN CHASE & CO.; CHASE BANK USA, N.A; CHASE BANKCARD SERVICES, INC.

Complaint for Fraudulent and Unlawful Debt-Collection Practices against tens of thousands of Californians.

Attorney General Kamala D. Harris today filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens of thousands of...more

Someone defamed my business and/or property, is there anything I can do about it?

If someone has damaged your business interests by a false and defamatory statement in Massachusetts, then this post is a must read! Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

National Consumer Law Center Re: Restoring the Wisdom of the Common Law: Applying the Historical Rule Against Contractual Penalty...

NATIONAL CONSUMER LAW CENTER (NCLS) Banks Raking In Billions In Profits From Overdraft Fees The notion behind an overdraft fee — in which a bank customer is charged a penalty for overdrafting his account — is twofold:...more

Advertising News & Analysis - April 25, 2013

In this issue: - Venable Welcomes Randy Miller - FTC Survey Estimates Fraud Affected 25.6 Million Americans in 2011 - New Florida Law May Axe Charitable Promos, Cause Marketing Campaigns - What to...more

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

Presentation - Social Networking: An Ethical Issues Update.

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Asset Searches and the Collection of Debt

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

CFPB announces settlement of four enforcement actions against mortgage insurers

The CFPB announced the settlement of enforcement actions brought in federal district court in Florida against four national mortgage insurers involving allegations that the insurers paid kickbacks to mortgage lenders in...more

CFPB Annual Report 2013 re Fair Debt Collection Practices Act (FDCPA)

CFPB Annual Report 2013 re Fair Debt Collection Practices Act (FDCPA)

The Consumer Financial Protection Bureau (“CFPB” or “the Bureau”) submits to Congress its second annual report summarizing its activities to administer the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C....more

Court Shuts Down Construct Data Directory Scam

A scam that induces businesses to pay for listing in a useless online marketing directory has been temporarily enjoined and the company’s United States assets frozen in a court action brought by the Federal Trade Commission...more

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are...more

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The...more

Redfin “Offer Insights”: Concerns Raised Over Online Posting Of Contract Negotiation Details

Controversial New Internet Practice Raises Confidentiality Concerns & Realtor® Scorn The internet based real estate brokerage company, Redfin, is now arming buyers and sellers with insight into the negotiations that take...more

Kraft Sues Cracker Barrel Old Country Store for Trademark Infringement

Cracker Barrel Old Country Store, Inc. has sliced it a bit too thin for Kraft and its Cracker Barrel cheese. Kraft Foods Group Brands LLC has asked a Chicago federal court to find that Cracker Barrel Old Country Store...more

New EU Counterfeit Goods Regulation

On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 5129/2013/EC setting out customs procedures for goods suspected of infringing intellectual...more

Appeal Victory -- Court of Appeal Agrees that Penal Code Section 496(c) Allows Recovery of Triple Damages and Attorney Fees for...

The case involved a loan made by our client to the defendant, Igal Feibush. Feibush and his entities failed to repay the loan, and we were retained by the plaintiff to sue. Penal Code section 496(c) makes it illegal to...more

False Advertising Claims on Increase in Cyberspace

Cases involving alleged false advertising in cyberspace increased significantly in number in the past year, but success has been limited according to a legal survey article by Cheryl Dancey Balough. The article noted that...more

Sharon Bell v. Igal Feibush

Opinion -- California Court of Appeal Permits Treble Damages for Failure to Repay Loan

Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble...more

Real Estate Sellers: Keep Those Skeletons in Your Closet!

Recently, the Pennsylvania Superior Court held that sellers of residential real estate are under no duty, pursuant to the Real Estate Seller Disclosure Law, 68 Pa.C.S. §7101 et seq. (“RSDL”), to disclose prior to a sale that...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Judicial Fact Finding Increasing in Class Action Certification Hearings

Class action certification under the Federal Rules of Civil Procedure (“FRCP”) only permit a class action if, among other things, “there are questions of law or fact common to the class.” (FRCP 23) This means that trial...more