A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more
The FTC’s Warning Letters - Earlier this month, the Federal Trade Commission (FTC) sent eight companies warning letters regarding their warranty practices, alerting them that certain restrictive warranty language may violate...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
The FTC has issued warning letters to eight companies, accusing them of possibly imposing restrictions on third-party servicing of products in violation of the Magnusson-Moss Warranty Act (MMWA). The MMWA is a federal...more
The FTC sent warning letters to eight companies informing them that their warranty practices may violate the Magnuson-Moss Warranty Act (MMWA) by allegedly restricting consumers’ ability to repair their products....more
On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous...more
The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC...more
On June 5, 2024, Judge William Griesbach of the United States District Court for the Eastern District of Wisconsin dismissed an action brought by a class of Harley-Davidson purchasers alleging that the motorcycle manufacturer...more
A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more
We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more
Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
It feels like it has been ages since we had one of those exciting public Federal Trade Commission (FTC or Commission) meetings. You may remember them – when the few remaining commissioners talked about issues and matters of...more
Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more
Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the...more
Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more
A New York federal district court has sent a clear message that "context matters" when assessing a false labeling claim.1 In dismissing another putative class asserting violations of state and federal consumer protection...more
The California Court of Appeals for the Second District, creating a split of authority among California’s appellate courts, held that Ford Motor Co. did not have the right to enforce an arbitration provision in a sales...more
A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more
It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more
Individuals or businesses that operate online marketplaces should be aware of a new law that went into effect yesterday (Jun 27, 2023). The “Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers...more
New “Right to Repair” legislation worldwide seeks to extend product lifespan and increase circularity, thereby reducing premature waste. The legislation often aims to facilitate consumer and independent company repair of...more
Consumer Sues Pyrex Maker for False Made-in-the-States Claims - New class actions pick up where the FTC left off - Tempest in a Ten-Piece Glass Meal Prep Set - We love false made-in-the-USA claim narratives. They...more
For the 26+ years I served at the FTC, the agency always described itself as a “law enforcement agency,” not a “regulator.” That’s because the FTC spent most of its resources on enforcing the FTC Act and other laws passed by...more
The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made...more