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FDIC on Marketplace Lending, Supervisory Appeals and Communication

The latest regulator attempting to rein in controls on the marketplace lending industry is the Federal Deposit Insurance Corp. (FDIC). Marketplace lending to consumer borrowers generally runs through state-chartered banks....more

CFPB issues 2016 Plain Writing Act Compliance Report

The CFPB has issued its 2016 Plain Writing Act Compliance Report. Under the PWA, federal “executive agencies,” including the CFPB, are required to use plain language in documents that: are necessary for obtaining information...more

FDA’s Final Guidance on Menu-Labeling Regulations and What It Means to Hotel Owners and Operators

Regular readers of this blog will know that we have been following the development and implementation of the FDA’s new menu-labeling regulations with some interest. After multiple rounds of drafts and public comment periods,...more

“Nonbank” Lender Seeks Injunction Restraining CFPB Administrative Action

On May 9, 2016, Integrity Advance, LLC and its CEO James Carnes filed suit against the Consumer Financial Protection Bureau (“CFPB”) in United States District Court for the District of Columbia seeking to enjoin the CFPB from...more

Be Warned: Prop 65 Emergency Regulation on BPA Takes Effect

A new Proposition 65 requirement takes effect today, May 11, 2016. It requires all California hotel and lodging businesses with 10 or more employees to display a warning for all canned and bottled foods and beverages offered...more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

CFPB No-Action Letters Are No Help

In the age of handheld banking apps, private funds transfer systems, and digital currencies, ensuring that new products are fair to consumers and compliant with existing – and sometime archaic – regulations are difficult...more

When Do Data Security Breaches Cause Substantial Consumer Harm? Lessons from the LabMD FTC Complaint Dismissal

On November 19, 2015, an Administrative Law Judge (the “ALJ”) at the Federal Trade Commission (“FTC”) dismissed the FTC’s 2013 complaint against LabMD, a clinical testing laboratory, stating that the FTC failed to demonstrate...more

Food Litigation Newsletter

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Motion to Dismiss Granted in Part, Denied in Part...more

Regulatory Concerns for the Sale of Extended Warranties to Commercial Purchasers

Products sold to commercial purchasers typically include a standard manufacturer’s warranty. Should the manufacturer’s distributor sell an extended warranty at the time of purchase, is that extended warranty considered...more

Comment period for FDA's draft nutrition, menu labeling guidance ends Nov. 2

On December 1, 2014, the Food and Drug Administration published its final rule on Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 79 FR 71156. This rule requires restaurants...more

FDA’s Menu-Labeling Update

Since their official unveiling in December 2014, the FDA’s final menu-labeling rules have given rise to a multitude of questions from hospitality businesses who wonder how to comply or whether they must comply at all. The...more

Consumer Rights Act 2015: Private Actions for Breaches of Competition Law – Overview of the New Regime

The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more

Long-Awaited FSMA Final Rules Published

On September 10, 2015, the U.S. Food and Drug Administration (FDA) made public two final Food Safety Modernization Act (FSMA) rules: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls...more

Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Federal Trade Commission Issues First-Ever Guidance on “Unfair Methods of Competition”

Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more

US Treasury Eyes Online Marketplace Lending

In an interesting and unusual development, the Treasury Department has issued a notice seeking public input on the online marketplace lending business for small businesses and consumers (“Notice”), setting forth 14 questions...more

FDA Delays Calorie Disclosure and Menu Labeling Compliance for One Year

Restaurants now have an additional year to revise their menu boards to comply with the Food and Drug Administration’s new menu labeling rules. The FDA had previously finalized new menu labeling rules in connection with the...more

Food Litigation Newsletter - July 2015

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - House committee approves law to bar states from requiring GMO labeling. On...more

FDA Extends Menu Labeling Deadline

Responding to input from stakeholders, the FDA has decided to extend the deadline for complying with its Menu Labeling Final Rule from December 1, 2015 to December 1, 2016. In general, the Rule requires chain restaurants and...more

FDA Issues Draft Guidance for Mandatory Recall Authority

On Thursday, May 7, 2015, the FDA released draft guidance on the implementation of its mandatory recall authority. The guidance itself is not binding on food companies, but provides more information about the FDA’s recall...more

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from...

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers...more

Another multi-million dollar TCPA settlement

TCPA settlements are becoming ho-hum because they are so frequent. They are plaintiffs’ attorneys’ dream cases because of strict liability damages. All the more reason to keep your eye on the TCPA compliance ball as it...more

OCC Updates Consumer Compliance Examination Manual To Incorporate Integrated Disclosures

The Office of the Comptroller of the Currency has released revised TILA and RESPA chapters of its examination manual for consumer compliance exams. The revised chapters incorporate the detailed procedural and substantive...more

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