In a highly anticipated move, the U.S. Department of Justice (“DOJ”) along with eight states filed a complaint against RealPage, Inc. for antitrust claims arising from its pricing software. The DOJ claims that RealPage has...more
In recent weeks, there have been several transformative developments that not only will profoundly impact antitrust and competition law but also shape the ability of so-called “Big Tech” to continue to dominate their...more
On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more
What the FTC’s investigation of McKinsey means for consultants tasked to compare wages or pricing -
On July 23, 2024, the Federal Trade Commission (FTC) announced that it has issued inquiries to McKinsey & Co. and seven...more
In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more
5/13/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Violations ,
Business Operations ,
Conspiracies ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hotels ,
Price Manipulation ,
Sherman Act ,
Software
Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the...more
12/3/2019
/ Auto-Dialed Calls ,
Bad Actors ,
Corporate Counsel ,
Do Not Call List ,
Enforcement Actions ,
FCC ,
Legislative Agendas ,
Robocalling ,
Rulemaking Process ,
Safe Harbors ,
TCPA ,
Telecommunications
On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt...more
The Federal Communications Commission (“FCC”) is reconsidering its approach to key Telephone Consumer Protection Act (“TCPA”) issues following the D.C. Circuit overturning portions of the 2015 Omnibus TCPA Order. Although...more
The California Legislature is considering enacting Assembly Bill 1859 (“AB 1859”), which would impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies....more
The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more
The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more
The Federal Communications Commission has just issued a notice of proposed rulemaking that could dramatically change the way companies obtain 800 numbers, especially so-called vanity numbers or easy-to-remember numbers.
...more
In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more
On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled a long-awaited and highly contentious final rule to severely curtail the scope of arbitration clauses in consumer financial contracts. While the rule...more
One of the cornerstones of the Republican platform during the 2016 elections was to undertake a major overhaul of the Dodd-Frank Act, the landmark Obama-era law that spurred over 22,000 pages of new regulations and...more
California continues to modify the Concepcion landscape. On April 6, 2017, the California Supreme Court once again issued a pro-consumer ruling that is already being applauded by the plaintiffs’ bar. The ruling came out in...more
By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more
The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more
10/15/2016
/ Anti-Kickback Statute ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
Dodd-Frank ,
Government Agencies ,
Mortgage Lenders ,
PHH Corp. v CFPB ,
Remand ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Separation of Powers ,
Single Director ,
Vacated
National press and various legal publications have undertaken reporting on rapid developments involving New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), a previously overlooked consumer protection...more
On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more
On June 16, 2016, the Supreme Court issued an opinion in Universal Health Services v. United States ex rel. Escobar, a case in which the court evaluated the viability of the “implied certification” theory of liability under...more
As expected, the Consumer Financial Protection Bureau (CFPB) used today’s field hearing in Albuquerque, N.M. to roll out a Notice of Proposed Rulemaking (NPRM) that would significantly limit companies’ ability to use...more
On March 7, 2016, the Consumer Finance Protection Bureau (“CFPB”) announced that its complaint database would now accept complaints from consumers encountering problems with loans from online marketplace lenders. According to...more
A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more
On October 8, 2015, California Gov. Jerry Brown signed into law one of the toughest bans in the nation on personal care products containing plastic microbeads. Plastic microbeads are frequently used by cosmetic companies in...more