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1
Ball Of Confusion (That's What The World (Of Leveraged Lending And Other Supervisory Guidance) Is Today)
With apologies to the Temptations, the title to their classic song seems to apply to the current state of leveraged lending and other supervisory guidance issued by various regulatory agencies...
United States
16 Nov 2018
2
Vegan Cookie Company Settles Deceptive Nutrition Label Suit For $5 Million
Vegan cookie company, Lenny & Larry's Inc., has reached a $5 million settlement with a proposed class of consumers ...
United States
15 Nov 2018
3
Federal Court Shuts Door On Motion To Dismiss In FDCPA Case Based On Counterclaims In Previous Collections Lawsuit
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act.
United States
14 Nov 2018
4
Eighth Circuit Holds That Plaintiff Who Consented To Alleged FCRA Violation Lacks Standing
a recent Eighth Circuit case, the appellate court vacated the district court's orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
United States
14 Nov 2018
5
Only Half The Story: Material Distinctions Determine Dismissal Of Claims Against Non-Residents Under Bristol-Myers
Last week, the U.S. District Court for the Middle District of Florida rejected a defendant's attempt to dismiss a proposed class action claiming Fair Debt Collection Practices Act ("FDCPA")...
United States
14 Nov 2018
6
CFPB Publishes Fall 2018 Rulemaking Agenda
According to the CFPB, much of its rulemaking agenda focuses on implementing statutory directives.
United States
14 Nov 2018
7
FTC Proposes Rule Requiring Consumer Reporting Agencies To Provide Credit Monitoring For Active Duty Members Of The Military
The Federal Trade Commission proposed a rule requiring consumer reporting agencies to provide free credit monitoring service to active duty military members that would electronically notify...
United States
14 Nov 2018
8
And The Survey Says: Nothing?
We've previously discussed some of the challenges of obtaining quality consumer survey evidence in trademark litigation in past posts, such as here and here.
United States
14 Nov 2018
9
District Court Holds Use Of Human Intervention In Creation Of Text Message Lists Sufficient To Defeat TCPA Claim
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or "ATDS," in a TCPA lawsuit.
United States
14 Nov 2018
10
Midterm 2018 Postgame: What The Outcome Means For Higher Ed
As promised during the webinar, we are posting this blog to break down the election results and look ahead to the 116th Congress.
United States
14 Nov 2018
11
Sixth Circuit Affirms Dismissal Of FCRA "Permissible Purpose" Violations
Accordingly, the dismissal of the action was affirmed.
United States
13 Nov 2018
12
CFPB Expects To Issue Notice Of Proposed Rulemaking On FDCPA
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda
United States
13 Nov 2018
13
NDGA Says You Can't "Squibb" National TCPA Class
With Justice Sotomayor's dissent in mind, IDT urged the Northern District of Georgia to answer the question left unresolved by the Bristol-Myers court in its motion to strike the nationwide class allegations.
United States
13 Nov 2018
14
FCRA's Permissible Purpose Is Broad Enough To Overcome Attempted Restrictions By Consumer
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...
United States
13 Nov 2018
15
The Diagnostic Artificial Intelligence Speedbump Nobody's Mentioning
The 21st Century Cures Act is noteworthy as the first legislative attempt at regulating artificial intelligence ("AI") in the medical field. The Act added this provision to the FDCA:
United States
13 Nov 2018
16
Hunton Retail Law Resource Blog: Recall Roundup: October 2018
October began with a CPSC announcement that a major retailer agreed to pay a $3.85M civil penalty for failing to report that a trash can it sold contained a defect or created an unreasonable risk of serious injury.
United States
13 Nov 2018
17
Preparing For Democratic Oversight Investigations
For the past several years, Republican majorities in the House of Representatives and Senate have dictated the agenda of Congress
United States
13 Nov 2018
18
The FTC Looks To Get Smart On Artificial Intelligence
It asks the public to file comments by February 15, 2019.
United States
12 Nov 2018
19
CFTC Amends De Minimis Threshold, Proposes Changes To Swaps Trading Rules
The CFTC voted to adopt final rules to amend the swap dealer de minimis threshold and to propose changes to swaps trading rules.
United States
12 Nov 2018
20
California Legislature Seeks To Narrow 'Slack-Fill' Packaging Claims
As we have been reporting, food-product makers have been the subject of various types of unfair advertising or competition claims ...
United States
12 Nov 2018
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