News & Analysis as of

Unfair or Deceptive Trade Practices

Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

by Carlton Fields on

The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims....more

FDIC Enters into Settlement Agreement with State Bank

by Weiner Brodsky Kider PC on

Recently, the FDIC announced a settlement agreement with a depository institution loan originator (Bank) for alleged unfair and deceptive practices in violation of the Federal Trade Commission Act (FTCA) related to the...more

A District Attorney May Employ Outside Counsel on a Contingent Fee Basis - Ninth Circuit Opinion in Unfair Competition Suit...

by Best Best & Krieger LLP on

The District Attorney of Trinity County filed a civil action under California’s Unfair Competition Law, alleging deceptive marketing and sales practices. The action sought an injunction, restitution, attorney fees and civil...more

What Role For Fairness in EU Competition Policy and Enforcement?

by Shearman & Sterling LLP on

Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more

Pennsylvania Appellate Court Throws Out $21 Million Insurance Bad Faith Decision, Directs Verdict in Favor of Insurer

The Pennsylvania Superior Court recently held that a trial court’s decision to impose $18 million in punitive damages and $3 million in attorneys’ fees for violations of Pennsylvania’s Insurance Bad Faith Statute, 42 Pa....more

A North Carolina Federal Court Weighs In On Choice-Of-Law In Unfair And Deceptive Claims

by Ellis & Winters LLP on

As we have previously explored, North Carolina’s choice-of-law rule for multi-state unfair and deceptive trade practice cases remains unsettled. Some courts have applied a “most significant relationship” test while others...more

Opinions of Plaintiff’s Designated Experts – Including Herself — Excluded in Bravelle Economic Loss Case

by Reed Smith on

This morning, our commuter train was packed with overjoyed Villanova students headed for the NCAA Championship Victory Parade. It was the second time in a few months that our fair city has been lifted by a huge sports...more

Federal Court Upholds FERC’s Expansive Use of Anti-Market Manipulation Rule in Power Market “Gaming” Case

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an order substantially denying defendants’ Motion to Dismiss the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Complaint...more

FDIC Enters Into $20 Million Consent Order With Debt Settlement Entities

by Goodwin on

On March 28, 2018, the Federal Deposit Insurance Corporation (“FDIC”) annou?nced settlements with a bank and an affiliated lender (“Defendants”) relating to allegations of deceptive lending practices. According to the FDIC,...more

Ninth Circuit Finds Grounds to Dismiss Iced Coffee False Advertising Suit

Recently, the Ninth Circuit affirmed a district court’s dismissal of a putative class action claiming that Starbucks deceived its customers by under-filling the liquids in its iced drinks and adding ice to make the cups...more

Second Circuit Seeks to Provide Clarity as to Interest Disclosure

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more

FTC Cracks Down on Alleged Cryptocurrency Ponzi Schemes

by Weiner Brodsky Kider PC on

The FTC announced that it obtained a federal court order to shut down the activities of four individuals for allegedly operating cryptocurrency Ponzi schemes involving Bitcoin, Litecoin, and Jetcoin....more

Trade Creditor Lacks Standing to Sue Judgment Debtor’s Insurer for Deceptive Trade Practices

by Nexsen Pruet, PLLC on

On February 20, 2018, the North Carolina Court of Appeals upheld a ruling of the North Carolina Business Court that provided further clarification on whether a judgment creditor may sue the debtor’s insurer for deceptive...more

Film Companies Settle FTC Charges for Making Over 117 Million Illegal Telemarketing Calls

by Weiner Brodsky Kider PC on

The FTC and three Utah-based film companies and their owner recently stipulated to the entry of a final order settling the FTC’s charges against them for making more than 117 million telemarketing calls in violation of the...more

Senators urge CFPB not to reconsider payday loan rule

by Ballard Spahr LLP on

A group of Democratic senators (joined by two independent Senators) has sent a letter to Leandra English and Mick Mulvaney urging them to abandon any efforts by the CFPB to reconsider its final payday/auto title/high-rate...more

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- New York Attorney General Reaches Settlement with Telemarketing Company to Resolve Allegations of Fraudulent Charitable Solicitations- New York AG Eric Schneiderman announced a settlement with telemarketing...more

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

FTC Announces Settlement with PayPal for Alleged FTC Act and GLBA Violations by Venmo

On February 27, 2018, the Federal Trade Commission (FTC) announced that it had reached an agreement with PayPal to settle allegations that its peer-to-peer payment service, Venmo, engaged in deceptive acts and practices and...more

When Conversation Becomes an Antitrust Violation

by Epstein Becker & Green on

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

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

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

by Pepper Hamilton LLP on

Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

Check Your Rates – Comply with FTC Variable Rate Marketing Guidelines

On March 21, 2018 the Federal Reserve lifted its federal funds rate by a quarter percentage point to a range of 1.5% to 1.75%, the highest level since 2008. ...more

Limited Power of Attorney No Substitute for AOB in Texas

by Zelle LLP on

When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

When Does My Pillow Become Your Windfall?

Mike Lindell, has built an impressive business around a pretty simple brand name and trademark: We’ve previously written about the MyPillow trademark, noting the apparently narrow scope of rights it enjoys, as a result of the...more

For Section 75-1.1, The Dividing Line Between Contract And Non-Contract Claims Can Be Fuzzy

by Ellis & Winters LLP on

Today, we look at another decision about the line that divides ordinary contract claims from claims that allege “substantial aggravating circumstances” relating to a breach. The latter category of claims violate N.C. Gen....more

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Cybersecurity

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