News & Analysis as of

Demand Letter

Call It What You Want. Just Don’t Call It Copyright Infringement.

by Weintraub Tobin on

A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger...more

Without Prejudice: An Invisibility Cloak for a Mature World

by Field Law on

Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second...more

A Kind Demand Letter? Stranger Things Have Happened (Apologies)

Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn!...more

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement

by Hinshaw & Culbertson LLP on

The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter...more

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care...more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

by Snell & Wilmer on

Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Connecticut Will Make You Disclose Personal Customer Data!

by McDermott Will & Emery on

The Connecticut Department of Revenue Services (DRS) recently issued demand letters to many remote sellers requiring that they either: (a) provide electronic sales records for all individual sales shipped to a Connecticut...more

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Comcast’s Domain Name Enforcement on the Wrong Turf

“Our client is . . . prepared to resolve this matter amicably and without pursuing its claims for damages, but only if you immediately comply with its demands.”...more

Can I be sued for sending a demand letter?

by Dorsey & Whitney LLP on

In the UK, you can be. But the law is about to change and will become much clearer. New legislation will make life a bit easier for IP owners who seek legitimately to enforce their rights....more

Businesses Beat Lawsuits Alleging Website Terms Violate New Jersey Law

by Bryan Cave on

Every retailer that does business in New Jersey needs to know about New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which was passed in 1981 to protect the rights of consumers from allegedly...more

Weltman takes on the CFPB's Stance on Meaningful Involvement

This week the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis, an Ohio law firm. The complaint is a continuation of the CFPB’s attack on collection law firms and their level of meaningful...more

Court Finds Copyright DJ Action against Music Rights Holder Slightly Out of Tune

by Dorsey & Whitney LLP on

Does a demand letter from a music rights holder that alleges “millions of instances of infringement” create a case in controversy with the recipient? You may be inclined to answer with an emphatic “of course!”...more

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

by Holland & Knight LLP on

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

It’s Audit Season: Have You Audited Your Website’s Accessibility?

by Akerman LLP - HR Defense on

Audit season is in full swing. Businesses now are working with auditors on their tax and other audits to ensure compliance with various financial regulations. But there is one audit that many businesses have yet to undertake...more

Delaware Court of Chancery Holds that Cancellation of Shares Through Merger Deprives Stockholder of Standing in Section 220 Action

In Weingarten v. Monster Worldwide, Inc., C.A. No. 12931-VCG, 2017 WL 752179 (Del. Ch. Feb. 27, 2017), the Delaware Court of Chancery (Glasscock, V.C.) clarified when a plaintiff has standing to vitiate inspection rights...more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Community Banks Should Be Wary of ADA Claims

by Hogan Lovells on

A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

District Court Serves as a Reminder of the Limitations of Spokeo

A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co., the consumer filed an FDCPA complaint is state...more

Online Businesses Beware: Website Accessibility Claims Are on the Rise

by Bryan Cave on

Online businesses, including financial institutions, banks, and retailers, have faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

Demand Letters Protected by the Noerr-Pennington Doctrine

In Silverhorse Racing LLC v. Ford Motor Co., [Civ. Action No. 6:16-cv-00053] (M.D.Fla. January 30, 2017), the Court granted Ford Summary Judgment that the act of sending Demand Letters to Silverhorse’s distributors was...more

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

by Pullman & Comley, LLC on

Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

ADA’s Website Accessibility: Proactive Responses Banks Can Take Now

Plaintiffs’ law firms have recently been sending demand letters to banks of all sizes alleging that their websites violate the Americans with Disabilities Act (ADA), particularly with regard to accessibility of the websites...more

Online Copyright Enforcement Gone Wrong – How To Get it Right

by Smart & Biggar on

An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada’s...more

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