News & Analysis as of

FTC Act Unfair or Deceptive Trade Practices Standing

Venable LLP

Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

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In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. SCOTUS Finds FTC Cannot Award Restitution or...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

Fenwick & West LLP on

Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Perkins Coie

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

Perkins Coie on

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

Bilzin Sumberg

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

Bilzin Sumberg on

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

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