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
California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more
On September 11, 2020, the California Court of Appeal issued a decision with two crucial holdings limiting the scope of California’s Automatic Renewal Law (ARL), Business and Professions Code sections 17600, et seq....more
On April 30, 2020, the Supreme Court of California issued its decision in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, a case that received a fair amount of attention in 2019 when it seemed...more
Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plantiffs. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging...more
Plaintiffs’ counsel have started to lay the groundwork for a broad private right of action under the California Consumer Privacy Act (CCPA). The first part of this article provides an overview of how the CCPA addresses...more
The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more
No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more
The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission (ITC) decision not to institute an investigation where the underlying statutory scheme precluded a private right of action. Amarin...more
Looking Back - the California Consumer Privacy Act, and How We Got Here - As companies were getting up-to-speed on the effects of the European Union’s General Data Protection Regulation (GDPR) last year, California quickly...more
Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to...more
“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more
On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...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
A host of Silicon Valley companies have been targeted by suits claiming that recurring payments the companies receive for services have been obtained in violation of California's Automatic Renewal Law (ARL), Business and...more
On June 16, 2014, a federal district court jury in Florida awarded $14.755 million to plaintiff Ameritox, Ltd., a Maryland-based clinical lab, for state law claims alleging tortious interference with business relationships...more