Consumer Protection, Business Torts, Commercial Law & Contracts

Asset Searches and the Collection of Debt

by Edward Amaral on 4/12/2013

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?

by Ali Law Practice LLC on 4/10/2013

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

by Richard J. Andreano, Jr. | Ballard Spahr LLP on 4/5/2013

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

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

by Richik Sarkar on 3/1/2013

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

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

by Aaron Morris on 1/18/2013

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

Real Estate Sellers: Keep Those Skeletons in Your Closet!

by Evan Pappas on 1/15/2013

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

Judicial Fact Finding Increasing in Class Action Certification Hearings

by Peter Bauman - Senior Associate at Tharpe &... on 1/8/2013

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

Trust in On-Line Advertising

by Robert Freedman - Partner at Tharpe & Howell,... on 12/24/2012

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

by Richik Sarkar on 11/27/2012

A practical guide to CFPB investigations and adjudications. Available through Bloomberg BNA's Banking Report....more

The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions

by Richik Sarkar on 11/13/2012

"The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions" is practical guidance for institutions governed by the Consumer Financial Protection Bureau on how to handle...more

Governor Signs New Law On Disability Access Complaints

by Peter Bauman - Senior Associate at Tharpe &... on 10/10/2012

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Practical Guide to CFPB Investigations and Enforcement Actions

by Richik Sarkar on 9/28/2012

A practical narrative describing the steps involved in the CFPB investigation and adjudication process....more

New York Federal Court Certifies Class Alleging Fraudulent Collection Practices Based on Documentation Deficiencies

by Ballard Spahr LLP on 9/19/2012

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

California Proposes New Law To Deal With Underground Economy

by Peter Bauman - Senior Associate at Tharpe &... on 8/31/2012

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

Lawsuit Against Airline Over Misleading Fees

by Peter Bauman - Senior Associate at Tharpe &... on 8/28/2012

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Proposed “Safer Consumer Product Regulations”

by Peter Bauman - Senior Associate at Tharpe &... on 8/27/2012

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

by Robert Freedman - Partner at Tharpe & Howell,... on 8/27/2012

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

by Peter Bauman - Senior Associate at Tharpe &... on 8/26/2012

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

California’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

by Peter Bauman - Senior Associate at Tharpe &... on 8/25/2012

Recent class actions regarding California’s Shine the Light Act illuminate the need for California businesses to pay attention to their privacy policy compliance practices. Violations of the Act can incur civil penalties of...more

Playtex Loses $13 Million in False Advertising Case

by Robert Freedman - Partner at Tharpe & Howell,... on 8/20/2012

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

Playtex Loses $13 Million in False Advertising Case

by Peter Bauman - Senior Associate at Tharpe &... on 8/20/2012

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

International Entities Need to Start Collection Efforts on Business Debt Early for Best Results

by Peter Bauman - Senior Associate at Tharpe &... on 8/18/2012

International companies that do business in the U.S. will at one time or another likely encounter a situation where a U.S.-based customer defaults on its debt. In this case, it is important for the international entity to...more

FTC Targets “Up To” Claims

by Peter Bauman - Senior Associate at Tharpe &... on 8/10/2012

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...more

Advertising Important For Small Business, But Should Be Done Right

by Robert Freedman - Partner at Tharpe & Howell,... on 8/8/2012

Marketing is crucial to the success of a business, especially a business trying to gain a foothold in a tough or competitive environment, and businesses that need to reassert or redefine their identity in the...more

Price Fixing Case on Swipe Fees Settled By Visa and Mastercard

by Peter Bauman - Senior Associate at Tharpe &... on 8/6/2012

VISA and Mastercard have agreed to a $7.2 billion settlement in a class action lawsuit brought by merchants over credit card swipe fees. Swipe fees are the fees that VISA and Mastercard charge merchants each time a customer...more

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Consumer Protection › Business Torts › Commercial Law & Contracts

Asset Searches and the Collection of Debt

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

CFPB announces settlement of four enforcement actions against mortgage insurers

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

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

Real Estate Sellers: Keep Those Skeletons in Your Closet!

Judicial Fact Finding Increasing in Class Action Certification Hearings

Trust in On-Line Advertising

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions

Governor Signs New Law On Disability Access Complaints

Practical Guide to CFPB Investigations and Enforcement Actions

New York Federal Court Certifies Class Alleging Fraudulent Collection Practices Based on Documentation Deficiencies

California Proposes New Law To Deal With Underground Economy

Lawsuit Against Airline Over Misleading Fees

Proposed “Safer Consumer Product Regulations”

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

California’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

Playtex Loses $13 Million in False Advertising Case

Playtex Loses $13 Million in False Advertising Case

International Entities Need to Start Collection Efforts on Business Debt Early for Best Results

FTC Targets “Up To” Claims

Advertising Important For Small Business, But Should Be Done Right

Price Fixing Case on Swipe Fees Settled By Visa and Mastercard

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