Consumer Protection Act

News & Analysis as of

GroupMe Gets an FCC Green Light on Sending Administrative Texts to Confirm Interest in Joining Social Network Groups

Previous TCPA Blog posts have noted that the FCC has a growing backlog of petitions for rulemaking, expedited declaratory ruling, or petitions for clarification on numerous issues posed by the TCPA. On a recent Friday, the...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Conflict Minerals: Dodd-Frank, the SEC's Rule...and Beyond

Designed to reduce funding sources for those perpetrating human rights abuses and engaging in armed conflict in the Democratic Republic of the Congo ("DRC") and adjoining countries, Section 1502 of the Dodd-Frank Wall Street...more

Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

Developers Beware: Consumer Protection Procedures Act Strikes Again in D.C.

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added provisions to the Commodity Exchange Act (“CEA”) regarding the regulatory oversight of swaps transactions that have imposed unintended and...more

Federal Courts Take Divergent Approaches to Jury Trials for Whistleblower Plaintiffs Under Dodd-Frank and Sarbanes-Oxley

A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more

Collection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law

The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in...more

SCOTUS Considers the Fate of State AG Lawsuits under CAFA in Mississippi v. AU Optronics Corp.

On November 6, 2013, the Supreme Court of the United States heard arguments in Mississippi v. AU Optronics Corp., Docket No. 12-1036. This case comes out of the United States Court of Appeals for the Fifth Circuit and...more

Food Litigation Newsletter - September 16, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Trims Frito-Lay “All Natural” MDL But Rejects Preemption and Primary Jurisdiction Defenses ..Court Trims Claims in Gerber Baby Food Labeling...more

Food Litigation Newsletter - August 5, 2013

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more

Statutory Claims Against Manufacturers

When a dissatisfied consumer sues a manufacturer in Ontario, the unhappy consumer will frequently rely upon the Sale of Goods Act and the Consumer Protection Act, 2002. However, neither statute applies if the consumer did...more

The Telephone Consumer Protection Act

In light of the recent onslaught of class action lawsuits alleging violations of the U.S. Federal Telephone Consumer Protection Act, and the controversy surrounding recent legal and regulatory opinions interpreting the Act...more

Western District Joins Courts Strictly Enforcing Telephone Consumer Protection Act

In American Copper & Brass Inc. v. Lake City Industrial Products Inc., the United States District Court for the Western District of Michigan joined numerous other federal courts, holding that the Telephone Consumer Protection...more

CFPB Issues Rule for Supervising Nonbanks That Allegedly Pose Risks to Consumers

The Consumer Financial Protection Bureau has issued a new rule outlining procedures for notifying nonbanks that they are being considered for CFPB supervision. The Dodd-Frank Wall Street Reform and Consumer Protection Act of...more

Federal Reserve Adopts Basel III for U.S. Banks

On July 2, 2013, the Federal Reserve Board approved a final rule implementing the Basel III regulatory capital reforms from the Basel Committee on Banking Supervision as well as certain changes required by the Dodd-Frank Wall...more

Liquidated Damages For Junk Faxes Are Insurable in Illinois

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

Patent Troll Receives Push Back

Over the past eight months, thousands of businesses across the United States received the same five-page letter from "The Licensing Team" of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC...more

Legal Alert: Supreme Court to Decide Removability of Parens Patriae Actions Under CAFA

On May 28, 2013, the U.S. Supreme Court granted certiorari in Mississippi v. AU Optronics Corporation, No. 12-1036, to consider whether a parens patriae action brought by a state attorney general is removable as a “mass...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Agencies Provide Additional Instructions for Submission of Resolution Plans and Extend Deadline

On April 15 the Federal Reserve Board (Board) and the Federal Deposit Insurance Corporation (FDIC) announced the release of additional guidance, clarification and direction for the first group of institutions filing their...more

SEC Files Initial Brief in Conflict Minerals Rule Case

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

Financial Services Bulletin: New Rules Proposed By The Fed

On Thursday, February 26, 2013, the Federal Reserve Board (the "Fed") introduced a proposed rule pursuant to Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"). The proposed...more

Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial...more

New Fair Credit Reporting Act Form For Employers

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) established the Consumer Financial Protection Bureau (CFPB), and the responsibility for interpreting and enforcing the Fair...more

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