Searching Content indexed under Consumer Law by Carlton Fields ordered by Published Date Descending.
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Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
Suitability Working Group Stirs Ingredients For Suitability Model Potion
On October 22 and 23, the NAIC Annuity Suitability (A) Working Group (Suitability WG) held an interim meeting to review comments received on the Suitability in Annuity Transactions Model Regulation ...
United States
30 Oct 2018
In California, A New Era In U.S. Privacy
In June, California passed a sweeping new privacy law that will impact an estimated 500,000 businesses in the United States.
United States
8 Oct 2018
Seventh Circuit Approves Cy Pres Settlement
We previously reported on the uncertainty of cy pres settlements in class action lawsuits. Although the Supreme Court granted cert on the issue, the Seventh Circuit weighed in during the interim ...
United States
24 Aug 2018
Food For Thought: Starbucks Defeats Icy Class Action
This decision comes on the heels of another proposed class action that Starbucks defeated in January
United States
28 Mar 2018
Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims
Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be significant.
United States
7 Nov 2017
No Treat For CFPB: Trump, Congress Override Rule On Class Action Waivers
On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts.
United States
3 Nov 2017
Ninth Circuit Says Plaintiff Might Get Fooled Again
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs...
United States
26 Oct 2017
Telecom Carriers To Block Spoofed Calls From Reaching Consumers
The Commission will determine the specific objective criteria on which the carriers will be able to rely in blocking calls on behalf of their customers.
United States
31 Aug 2017
Telecom Carriers To Block Spoofed Calls From Ever Reaching Consumers
On August 3, the FCC proposed a $82 million fine against a company and its individual owner/operator for making millions of illegally spoofed "robocalls" to consumers across the country.
United States
30 Aug 2017
CFPB Issues Final Rule Prohibiting Class Action Waiver Arbitration Agreements In Certain Consumer Financial Contracts
The Consumer Financial Protection Bureau issued a final rule on July 10, 2017, prohibiting providers of certain consumer financial products and services from including within consumer agreements...
United States
29 Aug 2017
Real Property & Title Insurance Update: Week Ending August 11, 2017
Florida Statute section 95.11(5)(h)'s one year statute of limitations period does not apply to bar Bank's cause of action for deficiency judgment arising out of a short sale.
United States
17 Aug 2017
FCC Focuses On Consumer Protection From Robocalling And TCPA Violations
The FCC has issued a notice of inquiry seeking comment on possible approaches for carriers to report phone number reassignments to an accessible database.
United States
31 Jul 2017
Future Of CFPB's Arbitration Rule Unknown As Republicans Eye Congressional Review Act
On June 10, 2017, the Consumer Financial Protection Bureau (CFPB) published a final rule attacking the use of class action waivers in arbitration clauses in certain consumer contracts.
United States
24 Jul 2017
Dish Network Liable For $61 Million After North Carolina District Court Trebles Damages In TCPA Class Action
A North Carolina district court recently held that Dish Network willfully violated the TCPA when Satellite Systems Network made more than 50,000 telemarketing and sales calls to phone numbers...
United States
1 Jun 2017
Nationwide Class Claims Under A Single State's Consumer Protection Laws?
A flurry of recent consumer protection cases in California federal courts led to mixed results for defendants attempting to dismiss nationwide class claims based on the state's choice of law rules. The U.S. District Court for the Southern District of California recently addressed the issue in Azar v. Gateway Genomics, LLC, ..
United States
13 May 2017
Texas Court Holds FDCPA Requires Snail Mail
A debt collector runs afoul of the Fair Debt Collection Practices Act (FDCPA) if it fails to mail its response to a consumer's request for verification of debt, ruled a Texas federal judge in...
United States
10 May 2017
New York District Court Flushes Nationwide Class, Permits New York Classes To Go Forward
As such, the court limited its certification to three New York classes, two in the present case and one in a related case.
United States
30 Mar 2017
No Love For Proposed Consumer Class Settlements
Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court...
United States
28 Feb 2017
Ninth Circuit Parses "Administrative Feasibility" And "Ascertainability" – Refuses To Acknowledge Either As A Prerequisite To Class Certification
The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. ("ConAgra") by consumers who claimed that ConAgra's "100% Natural" labels on Wesson cooking oils were false or misleading.
United States
23 Jan 2017
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