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  • Article

    California Governor Newsom Vetoes Bill That Would Require Browser Developers To Implement Opt-Out Preference Signal

    California Governor Gavin Newsom has vetoed the proposed (and somewhat controversial) AB 3048. The bill would have required web browser developers to include a setting that allowed consumers to send an opt-out...
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Capital One Required To Pay $140 Million In Consumer Refunds

    Today, the Consumer Financial Protection Bureau ("CFPB") engaged in its first major enforcement action by requiring Capital One to refund 2 million consumers approximately $140 million for profits gained from deceptive marketing practices related to its credit card protection services.
    United StatesConsumer Protection
Foley & Lardner LLP
Foley & Lardner LLP
  • Article

    CFPB Issues Final Rules Governing Enforcement Actions At The Bureau

    This past Wednesday, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") issued Final Rules which provide greater clarity into the process by which it will adjudicate consumer protection provisions set forth in Title X of the Dodd-Frank Act.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    CFPB Prepares To Overhaul Home Mortgage Disclosure Act Rules

    The Consumer Financial Protection Bureau (CFPB) is preparing to make significant revisions to the regulations promulgated under the Home Mortgage Disclosure Act of 1975 (HMDA) (Regulation C) by requiring home mortgage lenders to disclose far more information to regulators. In its first step toward these revisions, the CFPB is convening a Small Business Review Panel (as required by the Small Business Regulatory Enforcement Fairness Act) to seek input from small lenders on the proposed changes bef
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    CFPB Tests The Limits Of Tribal Lending Immunity With Cash Call Case

    On December 16, 2013, the Consumer Financial Protection Bureau filed suit against Cash Call, Inc., WS Funding, LLC, Delbert Services Corporation and J. Paul Reddam (collectively "Cash Call"), alleging that the extremely high interest rates charged by Cash Call on short term loans are unfair, deceptive and abusive because the interest rates charged are illegal in some states where the borrowers reside.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Court Limits Use Of Zip Codes In Massachusetts Credit Card Transactions

    In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are "personal identification information."
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Deadline Approaching For Prop 65 Compliance For Bisphenol A

    While there are multiple methods of complying with the Prop 65 warning requirements for BPA, implementing these compliance methods can be time-consuming and expensive.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    New, Stricter CMS Requirements For Physical Restraints Have Facilities In A Bind

    Health care facilities who use physical restraints or seclusion in patient treatment will be subject to stricter training requirements and higher standards, according to a new final rule issued by the Centers for Medicare and Medicaid Services ("CMS").
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    President Signs Consumer Warranty Statute Amendment

    In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Product Safety And Liability Prevention

    When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone's interest.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Regulation Of Chemicals In Consumer Products On The Rise

    In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Reply Brief Filed In Spokeo v. Robins – Oral Argument Next On Nov. 2

    In its reply brief in Spokeo v. Robins, petitioner Spokeo comes out of the gate with the consequential argument that for Robins to prevail, the Supreme Court must accept his position that every violation of a statutory right qualifies as an injury-in-fact.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Supreme Court Narrows TCPA Ban On Autodialers

    The Supreme Court on Thursday issued its long-awaited ruling on what constitutes an "automatic telephone dialing system" (ATDS) under the Telephone Consumer Protection Act (TCPA)...
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    UDAAP Council Weekly UDAAP Standards Report - 10/8/14

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

    UDAAP Council Weekly UDAAP Standards Report - 11/5/2014

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

    UDAAP Council Weekly UDAAP Standards Report - 3/11/2015

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

    Wisconsin’s New Tort Reform Law Provides Drafting Opportunities For Manufacturers, Distributors, And Retailers

    This alert highlights several provisions of that law that can be expected to affect the preparation of documents used in distributing products in Wisconsin.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Courts, Like Employers, Call Audibles On Vaccines

    State and federal courts shut down all in-person operations in March 2020 based on the COVID-19 health emergency. Since then, many have struggled to reschedule the significant backlog of jury trials.
    United StatesCoronavirus (COVID-19)
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    COVID-19 Update: Cyberthreat To Governments Around The World!

    Darkreading.com reported that Adam Darrah (Vigilante's director of intelligence) said that "We think the hacks are probably attempts to undermine public confidence in government at a time of...
    United StatesCoronavirus (COVID-19)
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    COVID Compliance Is Complicated: Don't Let A Whistleblower Jab You

    As federal contractors scramble to comply with President Biden's September 2021 Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors, these employers must keep in mind the ever-present risks posed by non-compliance with such requirements.
    United StatesCoronavirus (COVID-19)
    Foley & Lardner LLP
    Foley & Lardner LLP
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