Searching Content indexed under Consumer Protection by Archis Parasharami ordered by Published Date Descending.
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Ninth Circuit Creates Circuit Split On What Counts As An Autodialer Under The TCPA
The key question in many Telephone Consumer Protection Act lawsuits is whether the equipment used to call the plaintiff constitutes an autodialer ...
United States
11 Oct 2018
New California Consumer Privacy Act Increases The Risk Of Additional Data Breach Class Actions
The California legislature made headlines on June 28 when it passed—and the Governor signed—AB 375, a sweeping new data privacy bill known as the "California Consumer Privacy Act."
United States
24 Jul 2018
DC Circuit Issues Long-Awaited TCPA Decision And Invalidates FCC's 2015 Autodialer And Reassigned-Number Rules
Last Friday, a panel of the D.C. Circuit issued its decision in ACA International v. FCC (pdf). The decision, which arrived nearly 17 months after the oral argument, struck down key elements of the FCC's...
United States
19 Mar 2018
Congress Votes To Invalidate CFPB's Anti-Arbitration Rule
The anti-arbitration rule issued by the Consumer Financial Protection Bureau in July is now just one short step away from elimination.
United States
25 Oct 2017
Ninth Circuit Questions Validity Under California Law Of Contract Terms Enclosed With Products
A panel of the US Court of Appeals for the Ninth Circuit has held that, under California law, the inclusion of an arbitration provision in the warranty brochure enclosed with a product does not create a binding arbitration agreement between the purchaser and the manufacturer when the existence of contract terms is not adequately disclosed to the purchaser.
United States
30 Jan 2017
D.C. Circuit Weighing FCC's Controversial 2015 TCPA Declaratory Ruling
Today, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC.
United States
19 Oct 2016
The CFPB's Proposed Anti-Arbitration Rule
The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule.
United States
16 May 2016
Time To Prepare For The CFPB's Proposed Rule Imposing A De Facto Ban On Arbitration In The Consumer Financial Services Sector
The CFPB is about to issue a rule that, if it goes into effect, will effectively eliminate these arbitration programs.
United States
14 Apr 2016
Supreme Court Holds That An Unaccepted Offer Of Judgment Doesn't Moot A Class Action
The district court denied this motion, but later granted summary judgment for Campbell-Ewald on the ground that Campbell-Ewald, as a naval contractor, enjoyed sovereign immunity. Gomez appealed, and the Ninth Circuit held that both Gomez's claim and the putative class claims remained live. The court of appeals also vacated the district court's sovereign immunity ruling.
United States
21 Jan 2016
US Court of Appeals for the Third Circuit Upholds FTC's Authority to Regulate Cybersecurity in FTC v. Wyndham Worldwide Corp.
On August 24, 2015, the US Court of Appeals for the Third Circuit released its opinion in the closely watched case of Federal Trade Commission v. Wyndham Worldwide Corp., ..
United States
25 Aug 2015
FCC Expands Potential Liability Under The Telephone Consumer Protection Act For Business-to-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
29 Jul 2015
US Federal Communications Commission's Recent Order Expands Potential Liability Under The Telephone Consumer Protection Act For Business-To-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
24 Jul 2015
Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions.
United States
26 Aug 2014
Wall Street Journal Editorial Discusses Mayer Brown Study of Class Action Litigation
Much of the debate over class actions has focused on anecdotes and theory rather than data. In an effort to bring objective evidence to the discussion, Mayer Brown recently conducted an empirical study of 148 consumer and employment class actions filed in or removed to federal court in 2009.
United States
31 Dec 2013
Annual Report on "Judicial Hellholes"
The American Tort Reform Association has released its annual report on "Judicial Hellholes"—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake.
United States
31 Dec 2013
"Food Court" Rejects Class Action Alleging That Fruit Newtons Labels Are Misleading
A discussion which focuses on the fruit Newtons drew the ire of plaintiff Monique Manchouck, who filed a false advertising class action in the Northern District of California,which has become known as the nation's "Food Court", against the makers of the cookies.
United States
11 Oct 2013
FCC Addresses Vicarious Liability Under Telephone Consumer Protection Act
Plaintiffs in some TCPA class actions have taken the position that companies are strictly liable for any violation of the TCPA by third parties that make calls or send faxes on the companies’ behalf (such as third-party marketers or debt collectors).
United States
25 May 2013
FCC Addresses Vicarious-Liability Standards Under Telephone Consumer Protection Act
The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act.
United States
22 May 2013
Ninth Circuit Narrows California Exception To Arbitration Agreements, But Puts Off Deciding Whether FAA Preempts The Exception Altogether
Earlier today (April 11, 2013), the Ninth Circuit issued its en banc opinion in Kilgore v. KeyBank NA. The court had granted en banc review to decide whether the Federal Arbitration Act preempts California’s so-called "Broughton/Cruz" rule, which declares that claims for "public" injunctive relief under California consumer protection statutes are unsuitable for, and exempt from, arbitration.
United States
13 Apr 2013
Arizona District Court Enforces Contractual Provision Shortening Statute Of Limitations Period
On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar
United States
24 Aug 2012
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