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  • Article

    Mortgage Lender Ordered To Pay $250,000 For Deceptive Advertising

    The CFPB continues to crack down on deceptive conduct by mortgage lenders, as evidenced by a recent action against California-based RMK Financial Corporation.
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    SEC Settles Charges Against Bank For Misleading Statements About Foreign Currency Exchange Trade Prices

    The SEC settled charges against a bank for misleading mutual fund companies and other custody clients by applying hidden markups to foreign currency exchange trades.
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    The CFPB & UDAAP: A "Know It When You See It" Standard?

    On January 22, 2015, Donald Lamp, Nancy Thomas, and James Nguyen will participate on this West LegalEdcenter Webinar.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    UDAAP Council Weekly UDAAP Standards Report - 2/4/2015

    Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.
    United StatesFinance and Banking
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    UDAAP Council Weekly UDAAP Standards Report - 5/6/15

    Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.
    United StatesFinance and Banking
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Defending Deceptive Labeling Claims Under Rule 12(b)(1)

    Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    "Aloha" Means Cybersecurity, Consumer Multistates, And Swimming With Turtles At Conference Of Western Attorneys General

    Those experienced in representing clients in AG matters found they sometimes did have to go "over the head" of the line assistant and some AGs acknowledged that this practice was not necessarily discouraged.
    United StatesGovernment, Public Sector
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The Growing Appetite For Food (Jobs)

    In the ever-growing competition among states and localities to attract new jobs and investments, economic developers often follow fads to appear to be on the cutting edge.
    United StatesGovernment, Public Sector
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Ninth Circuit Parses "Administrative Feasibility" And "Ascertainability" – Refuses To Acknowledge Either As A Prerequisite To Class Certification

    The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. ("ConAgra") by consumers who claimed that ConAgra's "100% Natural" labels on Wesson cooking oils were false or misleading.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    No Soup For You! Judge Denies Preliminary Approval Of Settlement In CJ Foods' Annie Chun Soup Case

    Plaintiff then filed an unopposed motion for preliminary approval.
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    Some Restrictions Apply: Ninth Circuit Restricts Scope Of Nationwide False Advertising Claims

    In a ruling that may restrict the future viability of false advertising class actions, the Ninth Circuit recently overturned a lower court decision certifying nationwide class status to individuals who purchased or leased an Acura vehicle.
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    California AG Says Funeral Service Provider Made A Killing – At Consumers' Expense

    "Everyone dies." This was the first line in the California Attorney General's 2021 complaint against the nation's largest funeral service provider, Service Corporation International ("SCI").
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Connecticut’s New TCPA-Like Telemarketing Law Mandates Enhanced Damages And Is Now In Effect!

    As we have detailed countless times on this blog, the Telephone Consumer Protection Act ("TCPA"), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages ranging from $500.00 to $1,500.00 for each unsolicited fax, pre-recorded telephone call and/or autodialed telephone call sent/placed by telemarketers.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Court Rules "Natural" And "Organic" Cigarette Claims May Be Misleading

    In a case brought by consumers against the manufacturer of American Spirit cigarettes, a federal district court has ruled that use of the terms "natural," "organic," and "additive-free" ...
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Fake Reviews Redux

    Back in April 2022, we reported on an FTC action against the New York-based online room and roommate finder platform, Roomster, its owners, as well the company that sold Roomster the fake reviews for use on the platform.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    FTC Finally Defines ‘Unfair'

    According to the FTC: "The basic consumer protection statute enforced by the Commission is Section 5(a) of the FTC Act, which provides that "unfair or deceptive acts or practices in or affecting commerce … are … declared unlawful."
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    FTC Issues Guidance To Multi Level Marketers

    Companies like Mary Kay, Amway and Herbalife will be paying close attention to today's news from the FTC.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    FTC Judge Orders Tax Filing Software Company To Stop Advertising Products As "Free"

    On September 8, the FTC's Chief Administrative Law Judge ("ALJ") issued an initial decision finding that a company providing tax filing software services engaged in deceptive advertising...
    United StatesMedia, Telecoms, IT, Entertainment
    Sheppard
    Sheppard
  • Article

    FTC Offers A New Weapon Against Donation Crowdfunding Fraud

    In a prior alert, we analyzed two fraudulent crowdfunding campaigns in which the people running the campaigns did not deliver on the promised product or services.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    FTC Settles Action Against Online Career-Training Company For Deceptive Advertising

    On July 29, the FTC filed a stipulated order settling claims against an online career-training company on the grounds that it engaged in deceptive advertising.
    United StatesMedia, Telecoms, IT, Entertainment
    Sheppard
    Sheppard
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