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  • Article

    New Jersey Consumer Fraud Act: Principals Can Be Held Personally Liable for Company's Regulatory Violations

    On June 23, 2010, the New Jersey Appellate Division reiterated the long-established concept that principals of a company who personally participate in the violation of a regulation can be held individually liable for the regulatory violations of their company under the New Jersey Consumer Fraud Act (the "Consumer Fraud Act") even without a showing of knowledge about the alleged unlawful practice.
    United StatesConsumer Protection
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Online bill payment company Doxo settles FTC complaint

    Online bill payment company Doxo faces a $2.1 million settlement with the FTC over allegations that it used deceptive search advertising to impersonate billers and misled consumers about hidden fees. The complaint details how Doxo disguised itself as the official payment platform for various companies while adding undisclosed junk fees and enrolling consumers in subscription programs without proper consent.
    United States
Consumer Protection
Ballard Spahr LLP
Ballard Spahr LLP
  • Article

    Operator Of Student Loan Debt Forgiveness Service Would Be Barred From Debt Relief, Telemarketing Industries, Under Proposed FTC Order

    The Federal Trade Commission has filed a proposed order in Nevada federal court that would permanently ban Dennise Merdjanian from the debt relief and telemarketing industries following allegations of operating an illegal student loan debt forgiveness scheme. The order seeks to resolve charges that Merdjanian and co-operators allegedly defrauded consumers of more than $45.9 million by falsely claiming affiliation with the U.S. Department of Education and promising loan forgiveness that never materialized.
    United StatesConsumer Protection
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Retailer's Request For Zip Code Violated Law, But Generated No Harm

    A decision in Tyler v. Michaels Stores earlier this month from the United States District Court for the District of Massachusetts, the use of a consumer's Zip Code to find her address and send her mailings was held to be a statutory violation, but did not give rise to a claim for damages.
    United StatesConsumer Protection
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The Bigger The Better: California Suppliers Can Soon Expand Ready-To-Drink Cans On Retail Shelves

    There’s good news if you make, distribute, or sell canned cocktails, wine-in-a-can, or other ready-to-drink (RTD) products in California: Your delivery team will get more room to work, at least once the product hits the store.
    United StatesConsumer Protection
    Nossaman LLP
    Nossaman LLP
  • Article

    The CFPB Cracks Down On Another Auto Lender For UDAAP

    Respondents altered the caller ID to make it appear as if some calls originated from a family member or friend of the borrower.
    United StatesConsumer Protection
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    The Fillet, The "Whole" Fillet, And Nothing But The Fillet?

    ConAgra faces a false advertising lawsuit over its Van de Kamp's frozen fish products labeled as "100% whole fish fillets."
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Third Circuit Upholds FTC's Authority To Prosecute Companies For Data Breaches

    On August 24, 2015, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission (FTC) to bring cases against companies that experience a data breach.
    United StatesConsumer Protection
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    UPDATE: FTC Announces 2027 Telemarketer Fees To Access The National Do Not Call Registry

    The Federal Trade Commission has announced updated fee structures for telemarketers seeking access to the National Do Not Call Registry for Fiscal Year 2027. Starting October 1, 2026, the cost per area code will increase...
    United StatesConsumer Protection
    Troutman Amin LLP
    Troutman Amin LLP
  • Article

    Update: NY AG Continues War On Ticket-Buying Bots

    As we wrote in February, NY AG Eric Schneiderman has made New York's ticketing industry a prime target, beginning with a blistering report on ticketing practices in January.
    United StatesConsumer Protection
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Consumer Financial Protection Bureau Levies Repayment, Civil Fines For Deceptive Mortgage Practices

    On Tuesday, July 28, the Consumer Financial Protection Bureau ordered Paymap Inc., a Colorado-based payment processing company and wholly owned subsidiary of Western Union Company, to repay consumers $33.4 million...
    United StatesFinance and Banking
    BakerHostetler
    BakerHostetler
  • Article

    Court Holds LinkedIn Reference Searches Are Not "Consumer Reports" Under The Fair Credit Reporting Act

    In Sweet v. LinkedIn Corporation, a number of job applicants sued the social networking service for alleged violations of the Fair Credit Reporting Act based on LinkedIn’s "Reference Search" function.
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    The Great Sushi Swindle

    Ever wonder if that sashimi you ordered is really bluefin tuna? Well, the San Diego County City Attorney's Office recently announced that it has been criminally prosecuting instances of sushi mislabeling.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Duane Morris LLP
    Duane Morris LLP
  • Article

    California Court Rejects Tuna Settlement Over Scope Of Release

    In recent years, courts have been more carefully scrutinizing class action settlements.
    United StatesLitigation, Mediation & Arbitration
    BakerHostetler
    BakerHostetler
  • Article

    Exxon Sues Massachusetts AG To Block Civil Investigative Demand

    On June 15, 2016, Exxon sued Massachusetts AG Maura Healey in federal court in Texas, seeking to bar the enforcement of AG Healey's April 19, 2016 civil investigative demand, issued pursuant to M.G.L. c. 93A, the Commonwealth's unfair and deceptive practice statute
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    "Next Generation" Consumer Class Actions Target Retailers/Franchisors

    The plaintiffs' class action bar has set its sights on the next generation of consumer litigation, this time concerning the information that appears on consumers' receipts at the point of sale. At stake are millions and potentially billions of dollars in alleged damages. The odor of "greenmail" is in the air.
    United StatesLitigation, Mediation & Arbitration
    Waller Lansden Dortch & Davis
    Waller Lansden Dortch & Davis
  • Article

    Ninth Circuit Won't Save Eddie Bauer From Deceptive Pricing Class Action

    As many readers know, deceptive pricing cases have exploded in recent years. While we've seen some defendant success in cases where plaintiffs have been unable to prove actual harm...
    United StatesLitigation, Mediation & Arbitration
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Proprietary Trading Firm Accuses Unknown Traders Of Manipulating CBOE Volatility Index

    A proprietary trading firm filed a complaint accusing unknown traders of manipulating the Chicago Board Options Exchange Volatility Index ("VIX index").
    United StatesLitigation, Mediation & Arbitration
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Stand Down! Court Rejects Yakult Yogurt False Advertising Class For Lack Of Standing

    On January 5, 2016, in Torrent v. Yakult U.S.A., Inc., U.S. District Court Judge Cormac J. Carney denied the plaintiff's motion to certify a class of Yakult yogurt consumers...
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    AdoreMe Not So Adorable Says FTC

    The FTC recently announced a $1.3 million settlement with online lingerie seller, AdoreMe. The FTC charged AdoreMe with falsely promising consumers who joined AdoreMe's VIP program ...
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
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