Misleading Impressions

News & Analysis as of

Unlimited Means Unlimited: FCC “Throttles” AT&T Mobility for $100M

The FCC plans to fine AT&T Mobility $100M for misleading its customers about unlimited mobile data plans, alleging that AT&T severely slowed down the data speeds for customers with unlimited data plans. Further, the agency is...more

CFPB Releases New Reverse Mortgage Study Raising Marketing Practice Concerns

A recent study released by the Consumer Finance Protection Bureau (CFPB) regarding reverse mortgages suggests the CFPB is looking closely at the industry and the study may well be an omen of enhanced future enforcement...more

FTC Answers New Questions About Endorsements and Disclosures

In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to...more

California District Court Refuses To Certify 33-Jurisdiction Class Due To Material Variations in State Warranty Law

The U.S. District Court for the Eastern District of California certified a California-only subclass of purchasers of allegedly mislabeled KitchenAid refrigerators but denied plaintiffs’ motion to certify a 32-state and...more

Competition and Markets Authority to consider grocery pricing practices

The Which? super-complaint - On 21 April 2015, the Competition and Markets Authority (CMA) received a super-complaint from the consumer organisation Which? in respect of perceived concerns about misleading and opaque...more

Australian Federal Court Finds Rotten Conduct In Coles' 'Freshly Baked' Claims To The Tune Of $2.5 Million

The Federal Court has ordered Coles Supermarkets to pay a $2.5 million AUD penalty for making false and misleading claims regarding its bakery range in contravention of section 18 of the Australian Consumer Law (ACL)....more

Silence is not always Golden

In the case of Caffey v Leatt-Hayter [No 3] [2013] WASC 348, the WA Supreme Court found two directors had misled the purchaser of their business through their non-disclosure of certain facts. The defendants owned and operated...more

Italy: Sale of counterfeit Armani products is misleading

The website emporioarmaniwatchesuk.uk.com selling counterfeit Armani products has been ordered to suspend any activity directed to Italian consumers by the Italian competition authority as its practice has been deemed to be...more

From Insurer's Shield to Insured's Sword: California Supreme Court Authorizes Policyholder Unfair Competition Law Claims for...

On August 1, 2013, the California Supreme Court ruled in Zhang v. The Superior Court of San Bernardino County, No. S178542 (Cal. Aug. 1, 2013) that insurance practices violating the state’s Unfair Insurance Practices Act...more

Labor Letter, June 2013: Becoming A Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum...more

Franchising Update - Febuary, 2013

This edition of our Franchising Update includes the following articles: - The recently announced review of the Franchising Code. - The Pie Face dispute – misleading information or inadequate due...more

The Financial Services Act 2012 – Misleading Statements, Impressions and Financial Promotions

Background - In our previous DechertOnPoints, The Draft Financial Services Bill in the Contextof the Proposed New UK Financial Regulatory Structure and Draft UK Financial Services Bill and the New UK Financial...more

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