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1
Student Loans In 2018: Debt Relief Discussions Will Become De Rigueur
2018 may be the beginning of the end of an education finance system that has resulted in overburdened students and families struggling to pay back loans that were too high at their inception...
United States
18 Jan 2018
2
Monthly TCPA Digest - January 2018
This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so.
United States
18 Jan 2018
3
Should Your Consumer Arbitration Clause Be Broader?
After a Central District of California Judge dismissed a consumer's Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration ...
United States
18 Jan 2018
4
TCPA Vicarious Liability Limited By Ninth Circuit In Texting Class Action
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability ...
United States
18 Jan 2018
5
2018: The Year Of The FTC And Informational Injuries?
What constitutes actionable consumer injuries post-breach or data misuse is a hotly contested topic. As we reported in our Advertising blog late last year the FTC hosted a workshop on December 12th ...
United States
18 Jan 2018
6
D.C. Circuit To Hear Appeal In Fight To Control CFPB
Seyfarth Synopsis: A federal judge on Wednesday denied a request to remove Mick Mulvaney as the CFPB's acting director, finding that the President has authority to appoint the acting director...
United States
18 Jan 2018
7
Guest Post – No Way For Non-Resident Plaintiffs To "MacGyver" Their Way Into Illinois Court Due To Forum Non Conveniens
Today's post is another guest post from Kevin Hara, of Reed Smith, who is on his way to becoming a semi-regular blog contributor.
United States
17 Jan 2018
8
Cross-Examining The Expert Witness In A PL Case Part III: Challenging The Methodology
In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent's expert ...
United States
17 Jan 2018
9
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
United States
17 Jan 2018
10
No Old Kentucky Home For Parallel FDCA-Based Tort Claims
Our only other encounter with Kentucky FDCA-based negligence per se claims involved a misbegotten case that held such a claim wasn't preempted, but didn't address the claim's viability under state law.
United States
15 Jan 2018
11
Federal Court Recognizes Cause Of Action Against University Under Title IX For "Student-On-Student" Retaliation
A female former student at Iowa State University alleges that in January 2015, she was sexually assaulted at a fraternity by a male University student. The student brought a Title IX claim against the University...
United States
15 Jan 2018
12
President Trump Re-Nominates Buerkle For CPSC Chairman And Baiocco For Commissioner
President Trump wasted no time in re-nominating CPSC Acting Chairman Ann Marie Buerkle for permanent Chairman and for a second term as Commissioner of the agency.
United States
15 Jan 2018
13
District Court Again Sides With President Trump In Fight Over CFPB Appointment
A U.S. District Court judge ruled against Leandra English's request for a preliminary injunction to remove Mick Mulvaney as Acting Director of the Consumer Financial Protection Bureau ("CFPB").
United States
15 Jan 2018
14
California Court Of Appeal Limits Duty Of Clinical Study Sponsor To Intervene In Treaters' Care Of Study Participants
Last week, we took a short Western Caribbean cruise to celebrate a jarringly-advanced birthday.
United States
12 Jan 2018
15
FTC Announces First Coppa Action Involving Connected Toys
A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the FTC $650,000 to settle allegations that they violated the COPPA by collecting personal information from children...
United States
12 Jan 2018
16
A Federal Court Gets Opportunity To Weigh In On Prop 65 With A Little Help From Some Friends
Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018.
United States
12 Jan 2018
17
Freedom To Surcharge—Ninth Circuit Rules Businesses' Can Charge Card Fees
Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses.
United States
12 Jan 2018
18
Annual Report: 2017 Consumer Financial Services Year In Review And A Look Ahead
2017 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation and forthcoming changes from the Trump Administration...
United States
11 Jan 2018
19
FTC Issues Guidance On Legal Multi-Level Marketing
Last week, the Federal Trade Commission (the "FTC" or "Commission") released legal multi-level marketing ("MLM") guidance for direct sellers, providing important practice insights for those that follow the space.
United States
11 Jan 2018
20
Putting The "Specific" Back In Specific Jurisdiction: The Importance Of Claim-By-Claim Jurisdictional Analysis In A Post-BMS Landscape
In Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) ("BMS") [ed. note – our post here], the United States Supreme Court concluded that specific jurisdiction must be premised on a defendant's...
United States
11 Jan 2018
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