News & Analysis as of

Unfair or Deceptive Trade Practices New Legislation

Ballard Spahr LLP

New Florida Law Prohibits Banks from Considering Customers’ Political, Religious Beliefs

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A Florida law that prohibits federal and state depository institutions conducting business in the state from denying services based on religion or political beliefs and activities went into effect on July 1....more

BCLP

California Ban on Hidden Fees to Take Effect; Restaurant Exception Passes

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A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more

Jones Day

Colorado Enacts AI Consumer Protection Legislation

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On May 17, 2024, Colorado enacted S.B. 24-205 (the "Act"), which imposes a duty of reasonable care on developers and deployers of high-risk artificial intelligence ("AI") systems to protect consumers from risks of algorithmic...more

Venable LLP

Colorado's Landmark AI Law: Essential Insights for Businesses

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On May 17, 2024, Governor Jared Polis signed into law Colorado Senate Bill 24-205 (SB205), pioneering a comprehensive regulatory framework for artificial intelligence (AI) systems....more

Robinson+Cole Data Privacy + Security Insider

Maryland Online Data Privacy Act

On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law. MODPA applies to any person who conducts business in Maryland or provides products or services targeted to Maryland residents...more

Sheppard Mullin Richter & Hampton LLP

Kentucky Restricts Marketing for Non-Bank Entities and Provides Clarity in Residential Real Estate Transactions

On April 4, Kentucky enacted HB 88, which will amend laws related to unlawful trade practices, and prohibit entities that are not banks or trust companies from: - suggesting that they are engaged in banking or trust...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

McDermott Will & Emery

Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost...more

Husch Blackwell LLP

New California Law Prohibits Certain Fees in Commercial Financing

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California continues to lead the charge for increased regulation in the commercial finance space. Most recently, on October 13, 2023, California Governor Gavin Newsom signed Senate Bill 666 into law, which will prohibit...more

Holland & Knight LLP

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

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Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of...more

Lowndes

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

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In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which...more

Troutman Pepper

While Still the Smallest State, Rhode Island No Longer Holds the Weakest Consumer Protection Laws

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Rhode Island has faced years of scrutiny over its consumer protection laws — or rather lack thereof — prohibiting unfair and deceptive acts and practices (UDAP). Over a dozen years ago, the National Consumer Law Center called...more

Orrick, Herrington & Sutcliffe LLP

Governor Cuomo Signs COVID-19 Legislation Expanding NY Price Gouging Law to Include Personal Protection Equipment and Increasing...

On June 6, New York Governor Andrew Cuomo signed into law legislation (S.8189) that strengthens the state’s price gouging statute, in response to COVID-19. The legislation expands the current price gouging statute by...more

Troutman Pepper

Rarely Invoked Price-Gouging Statutes Are Now Front and Center Due to COVID-19

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Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more

Hogan Lovells

California Enacts Another CCPA – Robocall Legislation

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On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more

Ballard Spahr LLP

Maine Enacts Student Loan Servicing Law

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We can add Maine to the list of states to have enacted a “Student Loan Bill of Rights” that requires student loan servicers to be licensed. On June 20th, Maine Governor Janet Mills signed into law LD 995, “An Act To Establish...more

Womble Bond Dickinson

BREAKING TCPA NEWS: Another REAL PEACE of Legislation Introduced to Combat “Robocalls”

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Yesterday, a trio of Democratic Senators – Dianne Feinstein, Richard Blumenthal, and Amy Klobuchar – introduced the REAL PEACE Act. The Act proposes to eliminate the long-standing exemption of common carriers from the...more

Ballard Spahr LLP

The Maryland Financial Consumer Protection Act of 2018 significantly increases state regulation

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Noting, among other things, “retrenchment” on the federal level, the Maryland Financial Consumer Protection Act of 2018 (HB 1634) was signed into law on May 15, 2018. ...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2018

LEGISLATION, REGULATIONS & STANDARDS - Hawaii Bans Two Sunscreen Ingredients - The Hawaii legislature has passed a law that will prohibit the sale or distribution of sunscreen containing oxybenzone and octinoxate after...more

Spilman Thomas & Battle, PLLC

2018 West Virginia Legislative Session, the WVCCPA and the West Virginia Safe Mortgage Licensing Act

The 2018 West Virginia legislative session was a busy one regarding consumer finance law. Legislators focused on the West Virginia Consumer Credit and Protection Act and the West Virginia Safe Mortgage Licensing Act. The West...more

Ballard Spahr LLP

Illinois lawmakers override governor’s veto of student loan servicing bill

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The Illinois House of Representatives and Senate have voted to override the veto by the state’s Republican governor of Senate Bill 1351, known as the Illinois Student Loan Servicing Rights Act. ...more

Ballard Spahr LLP

Nevada Enacts Multiple Laws Affecting Consumer Finance

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Nevada is rolling out a slate of legislation affecting consumer finance, including a measure to protect consumers’ privacy online and programs aimed at mitigating their risk of foreclosure. Here is a list of measures recently...more

Balch & Bingham LLP

The Alabama Legislature Solves Problem Created by the Eleventh Circuit

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The Alabama legislature recently adopted legislation to prevent class actions in federal court under the Alabama Deceptive Trade Practice Act (“ADTPA”). As reported here last summer, the Eleventh Circuit held in Lisk v....more

Foley Hoag LLP

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

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Oregon enacts statute to make improper patent license demands a violation of its unlawful trade practices law - In March 2013, Senate Bill 1540 was signed into law by the governor of Oregon. The law makes patent...more

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