Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more
August 2020 marked the end of COVID-19 summer, back-to-Zoom-school for families, and in the Proposition 65 (“Prop. 65”) world, a continued shift in trends of Prop. 65 claims. In August, citizen enforcers sent just under 300...more
Next year marks 47 years of the Connecticut Unfair Trade Practices Act, or “CUTPA,” codified at Connecticut General Statutes §42-110a, et seq., and originally passed in 1973. They have been an eventful 47 years indeed. ...more
As if businesses did not have enough on their plates as they prepare for the California Consumer Protection Act and similar privacy laws in other states, manufacturers of Internet of Things (IoT) devices (objects that connect...more
The Supremacy Clause of the United States Constitution declares federal law to be the “supreme Law of the Land.” Thus, when federal law and state law conflict, the state law is “preempted,” or rendered without effect. Under...more
The new California Consumer Privacy Act is not the only California privacy law that companies will have to prepare for in 2019. Beginning on January 1, 2020, California will also require a manufacturer of a “connected device”...more
The Situation: California is the first state to specifically regulate the security of connective devices, which are commonly referred to as internet of things ("IoT") devices. The Result: The new law mandates that...more
On Friday, Sept. 28, 2018, California Governor Jerry Brown signed into law first-in-the-nation legislation requiring that manufacturers include “reasonable security features” on any device that is “capable of connecting to...more
California continues to lead the nation in cybersecurity and privacy legislation on the heels of the recent California Consumer Privacy Act of 2018 (“CCPA”). Governor Brown recently signed into law two nearly identical bills,...more
An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more
Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more
Last month, we posted about the United States Senate’s passage of the Defend Trade Secrets Act of 2016. Breaking news: It passed. On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016...more
This week, the United States Senate passed the Defend Trade Secrets Act of 2016, which, if passed by the House and signed into law by President Obama, would give trade secret owners, including manufacturers, a federal private...more
Last January, I wrote about one plaintiff’s unsuccessful attempt to pursue claims against the maker of Fancy Feast cat food for failure to disclose the alleged use of forced labor. Barber v. Nestlé USA, Inc., 2015 U.S. Dist....more
Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more
An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more