Searching Content by David McDowell ordered by Published Date Descending.
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No Injury? No Problem: Mere Risk Of Identity Theft Can Establish Standing
Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) ...
United States
5 Apr 2018
Governor Brown Signs Bill Returning California To Mainstream On "Made In USA" Labeling And Providing A Potential Avenue To End Pending Litigation
A bill signed last week by California Governor Jerry Brown gives manufacturers and retailers a good argument that pending litigation over "Made in USA" labeling should be dead in its tracks.
United States
22 Sep 2015
California AG Initiates Supply Chain Act Disclosure Review; Enforcement Actions Likely to Follow
The California Attorney General has kicked off a campaign to ensure that companies are complying with their obligations under the state's Transparency in Supply Chains Act of 2010.
United States
18 Apr 2015
A Gift For New Jersey Gift Card Issuers And Retailers: Consumer Data Collection Requirements Eliminated By S.B. 2235
Retailers and issuers of gift cards in New Jersey recently received welcome news: they no longer have to worry about looming consumer data collection requirements.
United States
11 Mar 2015
FTC Warns Advertisers To Check The Fine Print In "Operation Full Disclosure"; Shot Across The Bow Could Signal Law Enforcement Actions To Come
The FTC announced that it sent warning letters to more than 60 national advertisers regarding the inadequacy of disclosures in their television and print ads.
United States
8 Oct 2014
Websites Hit With Demand Letters On Accessibility Issues Despite Courts' Rejection Of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities.
United States
16 Jun 2014
Websites Hit With Demand Letters On Accessibility Issues Despite Courts’ Rejection Of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities.
United States
13 Jun 2014
A Consumer Protection Ruling That Actually Protects Consumers: Fraud Prevention Allowed Under California’s Song-Beverly Act
A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers.
United States
10 Jul 2013
It's Déjà Vu All Over Again: Massachusetts Allows Actions For Violation Of Privacy Rights Based On Collection Of ZIP Codes
Massachusetts appears to have followed California's lead in opening a litigation floodgate over ZIP code collection at the point of sale.
United States
26 Mar 2013
When It Comes To Venue, Cookie Cases Are Anything But Cookie-Cutter
Marketers have an insatiable interest to know more about their customers, and the "cookies" they plant in those customers' computers reveal much of what they need to know.
United States
12 Mar 2013
You Can’t Make A Square Peg Fit In A Round Hole: California Supreme Court Holds Online Purchases Of Electronically Downloadable Products Outside Scope Of Song-Beverly Act
The California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly Credit Card Act.
United States
12 Feb 2013
California Court Allows Retailers To Collect Zip Code Data
Who would have thought zip codes could cause so much of a fuss? Retailers and restaurants know, because scores of them have been sued in class actions throughout California on the dubious theory that recording a customer's zip code at the point-of-sale violates California law.
United States
29 Dec 2008
Prop 64 Test Case Decided in California Supreme Court
In a decision intended to curb abuses of California’s consumer protection laws and the first judicial test of Proposition 64 standards for consumer class actions, California’s Supreme Court has handed down a long-awaited ruling holding that voter-approved changes to the state’s Unfair Competition Law apply to all cases, not just those that were recently filed.
United States
10 Aug 2006
Court Further Defines Unfair Competition Cases in California: Section 17200 Requires Actual Reliance (Pfizer, Inc. v. Superior Court)
A case decided on July 11, 2006, illustrates the Firm’s continuing commitment to Proposition 64 and the reform of California’s unfair competition law, Bus. & Prof. Code § 17200 (UCL). The Firm’s amicus brief figured in the appellate court’s holding, and the Pfizer decision sends a strong signal that the courts are getting the voters’ message.
United States
24 Jul 2006
Class Action Fairness Act of 2005 Senate Bill S.5
The United States Senate overwhelmingly passed the Class Action Fairness Act, Senate Bill 5 (S.5), on February 10, 2005. Thirty-three senators, including Republicans and Democrats, co-sponsored the bill. The United States House of Representatives (which passed a similar bill by a wide margin last year) is likely to pass this bill or a substantially similar bill this week. President Bush is expected to sign the bill into law.
United States
15 Feb 2005
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