Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Instapundit: America's IP Laws Need to be "Pruned Back"
Bill on Bankruptcy: Trustees Sleep Easy after High Court Ruling
Could This Law School Ranking Unseat US News?
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Tips for Mobile App Privacy Compliance
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Buchheit: Cyprus Could Need a Second Bailout
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Craft Beer Boom in Michigan
Law Prof: I May File Law School Ethics Charges
Monster Energy Drink Accused of Teen Death
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
Beware of Notarios
What’s Next from the CFPB
Weekly Brief: Lawyers Laid Off After Foreclosure Settlement
Dean: There's No Oversupply of Lawyers
Jennifer Abril on The Story of Fragrances
Top 3 Concerns in Data Security
Weekly Brief: Will Congress Garnish Paychecks to Repay Student Loans?
In this issue:
- Table Of Contents
- Table Of Authorities
- I. Introduction.
- II. Texas Citizens Participation Act: What is it?
- A. Background and Enactment of the TCPA.
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
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
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
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
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
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
On December 20, 2012, President Obama signed H.R. Bill 4367, which became effective upon his signing of the bill, and which eliminates the mandatory requirement that signage be placed on the exterior of Automated Teller...more
Sample FDCPA Lawsuit
Unfair Debt Collection Practices
Shown below is a sample lawsuit filed under the Federal Fair Debt...more
This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more
On November 7, Judge Mason of the Circuit Court of Cook County, Illinois ruled that the Illinois Attorney General’s state law deceptive business and trade practice claims against Standard and Poor’s survived S&P’s motion to...more
A recent decision by a New York federal court provides yet another example of the documentation-related challenges that creditors and debt buyers are increasingly facing in collection actions involving non-mortgage consumer...more
Legal Byte: Judicial notice can get you around the "no-citation" rule to cite to unpublished appellate opinions to support your analysis. ...more
Order dismissing, for failure to state a claim under Fed. R. Civ. P. 12(b)(6), defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230....more
Per blogger and law professor Eric Goldman:
"You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those...more
When is a breach of contract also fraud? When the party never intended to perform.
So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more
Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more
Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more
Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. Now comes a decision about a non-consumer product consumer fraud claim. A...more
In this real estate contract dispute I represented a party defending a tortious interference of contract claim. We successfully argued that under Colorado law the claim had no basis and should be dismissed on summary...more
After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding no likelihood of...more
Hotel companies could soon be facing class action suits over fees for morning newspapers in the wake of a recently filed complaint in federal court in California. A Sacramento man accuses Hilton Group, PLC, Hilton...more
Defendants (Top Surgeons, LLC; 1 800 Get Thin, LLC; Almont Ambulatory Surgery Center, Inc.; Beverly Hills Surgery Center, LLC, Julian Omidi; and Michael Omidi) filed an anti-SLAPP motion against plaintiffs, who in early 2011...more
OVERVIEW OF RECENT DEVELOPMENTS
Legislative developments in France Page 1
Proceedings before French courts Page 1
European law Page 3
Foreign case law Page 4
The French Supreme Court holds that an order to...more
SB 558 proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance of...more
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