Consumer Protection

Litigation, mainly under state and federal statutes, focused most often on breach of warranty and failure to warn.

  • The Recorder

    Damages May Be Sought From Investors in Abortive Fyre Festival

    By Todd Cunningham | July 11, 2017

    With the finances of disgraced Fyre Festival concert promoter Billy McFarland very much in question, major investors in the concert-turned-fiasco are facing unexpected scrutiny and potential liability for the money lost.

    1 minute read

  • The CFPB Wants to Create an Arbitration Database. Companies Will Hate That.

    By C. Ryan Barber | July 11, 2017

    When the Consumer Financial Protection Bureau expanded its public database to include narratives of negative customer experiences, banks such as…

    1 minute read

  • National Law Journal

    Latest TCPA Decision Eases Path to Court for Consumers, Deepens Circuit Split

    By Amanda Bronstad | July 11, 2017

    Solidifying a growing circuit split in the wake of "Spokeo v. Robins," the U.S. Court of Appeals for the Third Circuit held on Monday that a single unsolicited call to a woman's cellphone was enough harm for her to sue under the U.S. Telephone Consumer Protection Act.

    1 minute read

  • Litigation Daily

    Consumer Financial Protection Agency Kills Arbitration—and It Feels Good

    By Jenna Greene | July 10, 2017

    In one of the more surreal actions to come out of Trump-era Washington, the Consumer Financial Protection Bureau on Monday finalized a rule that bars banks, credit card issuers and the like from using arbitration clauses—the ones buried in the fine print of hundreds of millions of contracts—to block class actions.

    1 minute read

  • National Law Journal

    The CFPB Wants to Create an Arbitration Database. Companies Will Hate That.

    By C. Ryan Barber | July 10, 2017

    The Consumer Financial Protection Bureau's sweeping new run to curtail arbitration agreements contains a provision that would create a public online database showing arbitration documents and awards that are still permitted. Companies regularly raise reputational concerns about such databases. The CFPB noted that several industry commenters said the publication of arbitration records would lead "plaintiff's attorneys to bring more frivolous litigation generally."

    1 minute read

  • National Law Journal

    CFPB, Testing Trump and Republicans, Moves to Restrict Forced Arbitration

    By C. Ryan Barber | July 10, 2017

    The Consumer Financial Protection Bureau on Monday finalized a sweeping new rule banning arbitration agreements that prevent class actions against banks and other financial institutions, setting the stage for parallel legal and political fights over a regulation that Republican lawmakers will seek to overturn before it sees the light of day.

    1 minute read

  • New Jersey Law Journal

    One Call Is All It Takes for TCPA Suit, Circuit Says

    By P.J. D'Annunzio | July 10, 2017

    Noreen Susinno didn't waste any time after she received an unwanted promotional voicemail from a New Jersey gym. After one call to her cellphone, she sued the gym in federal court for violating a law designed to curb unsolicited telemarketing calls.

    1 minute read

  • New York Law Journal

    Canale v. Colgate-Palmolive Co.

    By newyorklawjournal | New York Law Journal | July 7, 2017

    Court Defers Decision to FTC in Class Action Over Toothpaste Products' Whitening Claims

    1 minute read

  • Connecticut Law Tribune

    $28 Million Tobacco Verdict Upheld by Second Circuit

    By MICHAEL MARCIANO | July 7, 2017

    A Connecticut jury's damages award of more than $28 million in a suit against R.J. Reynolds Tobacco Co. has been upheld by the U.S. Court of Appeals for the Second Circuit—and the sum stands to grow, as the court also remanded for reconsideration of punitive damages.

    1 minute read

  • The Recorder

    US Appeals Court Set to Eye Test of Cy Pres Doctrine in $5.5M Google Accord

    By Amanda Bronstad | July 7, 2017

    When class members are owed a few pennies from a settlement, how much should you bother trying to make sure they get paid? That's the question before the U.S. Court of Appeals for the Third Circuit in a petition to reverse a $5.5 million settlement with Google Inc. over privacy claims that gives money to the plaintiffs' attorneys and six nonprofit organizations but nothing to the class. On Wednesday, attorneys general from 11 states filed an amicus brief insisting that the Delaware judge who approved the settlement didn't go far enough in attempting to put class members above the use of cy pres, a controversial practice used to distributed unclaimed funds in a settlement to third parties.

    1 minute read

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