Labor & Employment Law, Commercial Law & Contracts, Consumer Protection

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Years Later, PCA Employees Indicted

by Steve Kluting | Varnum LLP on 4/15/2013

I had the following email exchange earlier this year with a concerned client: Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for not following...more

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

by Karen H Bromberg | Cohen & Gresser LLP on 1/18/2013

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

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

by Keith Barnett, Thomas Bundy, III, Knox Dobbins, Peter Farley, Jaliya Stewart Faulkner, Allegra Lawrence-Hardy, Jason Stone, Mark Thibodeaux, Annette Tripp, Gail Westover | Sutherland Asbill & Brennan LLP on 1/16/2013

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

by Katherine Rand | Pierce Atwood LLP on 1/14/2013

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Employers Must Use Revised FCRA Notices

by Jeri Abrams, Joseph Fischetti | Lowenstein Sandler LLP on 1/10/2013

Employers that use the services of a consumer reporting agency (e.g., a third-party vendor) to conduct background checks on their prospective or current employees must now use an updated “Summary of Rights” form to notify...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

Former ESPN Zone Employees May Seek Payment of Back Pay as a Result of Disney’s Violation of WARN Act

by Evan Pappas on 1/4/2013

The Disney Company violated the WARN (Worker Adjustment and Retraining Notification) Act when closing the ESPN Zone restaurant and amusement facility in Baltimore by failing to provide terminated workers with full wages and...more

Legal Alert: Employers Must Be Prepared To Use Revised FCRA Forms Beginning January 1, 2013

by Frederick L. Warren | FordHarrison on 12/21/2012

Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA). ...more

CFPB’s Most Recent Changes to FCRA Forms May Foreshadow Active Oversight of Employers

by Paul Apicella, Brian D. Pedrow | Ballard Spahr LLP on 12/1/2012

The Consumer Financial Protection Bureau (CFPB) has issued another reminder that, effective January 1, 2013, it will assume responsibility for enforcing the Fair Credit Reporting Act (FCRA). Earlier this year, the CFPB...more

Corrected Forms from Consumer Financial Protection Bureau

by Stephen R. Woods | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/28/2012

As discussed in an earlier blog post, the Consumer Financial Protection Bureau (CFPB) — which now has the responsibility of enforcing the federal Fair Credit Reporting Act (FCRA), a role previously held by the Federal Trade...more

Court Upholds Chargeback Provision in Employee Sales Commission Contract

by Robert Freedman - Partner at Tharpe & Howell,... on 8/1/2012

Salespeople often work on a straight commission, or a compensation plan that includes both base pay and commission. Employers often find it useful or necessary to advance commissions to salespeople after a sale is made, but...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

by Robert Freedman - Partner at Tharpe & Howell,... on 7/24/2012

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

CFPB Offers A View Of Profit Sharing

by Jonathan Foxx on 4/12/2012

The CFPB recently announced that it will update the TILA loan originator compensation rule (Rule) in July of 2012. The updated rule may cause some new concerns regarding the implementation of the current Rule or it just may...more

Massachusetts’ Data Security Regulation: Important Deadline Approaching

by Ropes & Gray LLP on 2/10/2012

The deadline for compliance with a key requirement of the Massachusetts Data Security Regulation, 201 CMR 17.00 et seq. (the “Regulation”) is less than a month away. The Regulation requires that by March 1,...more

Der neue Entwurf zum Schuldrecht ist angenommen - von Ulya Selçuk - Rechtsanwaeltin

by Ulya Selçuk on 3/25/2011

Der neue Entwurf zum Schudrecht ist angenommen von Ulya Selçuk (Rechtsanwaeltin/ Istanbul) veröffentlicht in ODA (Periodical of German-Turkish Chamber of Commerce and Industry in Istanbul)January, February 2011: Das türkische...more

Breach Notification Statutes: "Um...We Lost Your Social Security Number"

by Fisher & Phillips LLP on 2/14/2011

Employees take and misuse company information for a variety of reasons. Some do it because they want to document what they believe to be unlawful conduct. Others do it because they intend to use it in competition with their...more

Workin' for a Livin': Commission Based Pay and Bankruptcy

by John Skiba on 1/22/2011

For those out there that earn a living on commission, bankruptcy poses special problems and risks. In this article I discuss some of the issues that arise when Realtors, car salesmen, and insurance agents file for...more

Wrongful Termination/Car Salesman - Loss of Purchased Vehicle - Deceptive Trade Practices Act Demand Letter

by Patricia L Brown & Associates on 11/5/2010

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

Legal information - News letter

by S Hemanth on 10/1/2010

Hemanth & Associates News letter with full of legal information, updates, tips and more. ...more

Execução de bens dos sócios

by MD Alonso on 9/7/2010

Recente decisão do TRT que autorizou penhora de bem de família (de imóvel de valor expressivo, qual seja, 1,5 milhões de Reais) motivou a elaboração de texto que explica sumariamente...more

Consumer Product Safety Commission Advisory: Announcement of New Nominees To The Consumer Product Safety Commission: How This...

by Mintz Levin on 5/7/2009

On May 5, 2009, President Obama announced his nomination of Inez Moore Tenenbaum to chair the Consumer Product Safety Commission and Robert S. Adler to be a commissioner. He also announced his intent to nominate a fifth...more

Legal Alert: Legislation Prohibiting Employment-Related Predispute Arbitration Agreements Introduced In Congress

by FordHarrison on 2/19/2009

Legislation has been introduced in Congress that would make predispute arbitration agreements in employment, consumer, and franchise disputes and disputes arising under civil rights statutes unenforceable. The legislation...more

Six States Now Require Social Security Number Protection Policies

by Morrison & Foerster LLP on 12/9/2008

More than 30 states have adopted laws limiting how Social Security numbers (“SSNs”) can be collected, used, and disclosed. Six of those states have adopted provisions that specifically require organizations to develop...more

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Labor & Employment Law › Commercial Law & Contracts › Consumer Protection