New Bill Would Create Criminal Penalties for TCPA Violations -
Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act?
The answer might be "yes" if a bill introduced by Sen....more
In Yowell v. Seneca Specialty Ins. Co., 2015 WL 4575450, 2015 U.S. Dist. LEXIS 98719 (E.D.Tex., Jul. 28, 2015), the Eastern District of Texas ruled that an insurer’s unexplained, 140-day delay in agreeing to defend its...more
As previously reported upon by PK Law, Michael Corona and eight other individuals (“Plaintiffs”) filed a class action on March 2, 2015 against Sony Pictures Entertainment, Inc. (“Sony”). (U.S. District Court, Central District...more
In another round of rulemaking related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proposed a rule that would require certain executive officers to pay back incentive compensation tied to...more
Why it matters -
An “administrative error” on the part of the Consumer Financial Protection Bureau (CFPB) may have been the best news lenders received in a long time. On August 1, the new TRID (TILA-RESPA Integrated...more
Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. It doesn’t fit, and the combination isn’t very...more
We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more
The CFPB adopted a final that allows the agency to supervise larger nonbank auto finance companies for the first time. The CFPB also released the examination procedures that its examiners will use.
Currently, the Bureau...more
Legislation and Regulation -
What are the principal statutes regulating advertising generally?
The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more
On June 3, 2015, in Marshall v. United Furniture Warehouse Limited Partnership (Marshall), the B.C. Court of Appeal dismissed the plaintiffs’ appeal from the application judge’s denial of certification of a proposed class...more
It was inevitable. Following his “Fight of Century” with Floyd Mayweather, Jr. on May 2, 2015, Manny Pacquiao has been named in a class action suit filed in Nashville for allegedly defrauding pay-per-view customers. The...more
On March 31, 2015, West Virginia Governor Earl Ray Tomblin signed SB 542 into law. This new law amends frequently litigated sections of the West Virginia Consumer Credit Protection Act (“WVCCPA”), W. Va. Code section 46A, in...more
On April 29, 2015, the Securities and Exchange Commission (SEC) voted 3 to 2 to propose rules related to the disclosure of information that shows the relationship between executive compensation and the financial performance...more
Discussion and Analysis -
Securities and investment advisory services offered through . . .
That phrase is ubiquitous among small and “independent” financial services firms, regularly appearing in 6-point or...more
Last Wednesday, the director of Supervision Commission Isle of Man and the director of the Dutch Games of Chance Authority (“KSA”) have expressed their intention to join forces by signing a Letter of Intent (“LoI”)....more
Personal data protection legislation has been a widely discussed topic in recent years in China, mainly because employees of institutions that amass personal data of users and clients in the course of their business (such as...more
On April 23, Washington Governor Jay Inslee signed bill H.R.1078, which requires covered entities to contact consumers living within the state as soon as possible, and no more than 45 days, after the discovery of a breach of...more
The past 16 months have been eventful in China in connection with privacy law and network security developments.
Key privacy law developments included:
.. the coming into effect of new privacy provisions of the...more
The Washington State Attorney General recently filed an action in state court against a student loan debt adjustment firm and its individual principal alleging that the firm charged illegal fees and failed to provide required...more
On March 2, the Wyoming legislature passed S.F. 35 and S.F. 36, which amend the state’s Consumer Protection Act to enhance privacy protections for sensitive personal information....more
A recent Massachusetts federal district court case has placed a significant limitation on the type of upfront fees that landlords may charge tenants. On August 26, 2014, Judge Rya Zobel ruled that Equity Residential, a...more
On September 19, 2014, the Supreme Court of Canada released a trilogy of decisions examining the standing of representative plaintiffs and the availability of consumer protection legislation in the class action context....more
COMPETITION AND CONSUMER PROTECTION -
Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction...more
When Oklahoma Blue Cross-Blue Shield terminated Dr. Gude’s provider agreement, he decided to fight back. He sued the Blues in federal court, alleging they had violated—and this is the imaginative part—Oklahoma’s Consumer...more
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