Mondaq.Com - feed of articles on Consumer Protection

United States: To Keep Young, Fix Schools - Fox Rothschild LLP

Wed, 19 Jun 2013 16:41:58 GMT

James Saksa wrote an OpEd in the Philadelphia Inquirer titled "To Keep Young, Fix Schools."

United States: CFPB Expands Information Available In Its Consumer Complaint Database - Foley & Lardner

Wed, 19 Jun 2013 13:06:39 GMT

The Consumer Financial Protection Bureau recently announced that it had expanded the information contained in its Consumer Complaint Database to include credit reporting complaints, money transfer complaints and state information for all consumer complaints filed with the CFPB.

United States: Consumer Privacy Groups Submit Comments In Advance Of FTC's 'Internet Of Things' Workshop - Reed Smith

Wed, 19 Jun 2013 12:06:16 GMT

The FTC will hold a public workshop November 21, 2013, to address concerns over the "Internet of Things," as an increasing amount of smart devices permeate the market.

United States: New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability - Sheppard Mullin Richter & Hampton

Wed, 19 Jun 2013 10:02:08 GMT

Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227.

United States: Taking The Extended In Extended School Year To A New Level — PDE Issues A New BEC On ESY - Fox Rothschild LLP

Tue, 18 Jun 2013 12:36:46 GMT

The Pennsylvania Department of Education issued a new Basic Education Circular on extended school year programing in April 2013.

United States: Florida’s Economic Loss Rule Comes Full Circle In "Tiara Condominium Association v. Marsh & McLennan" - Cozen O'Connor

Mon, 17 Jun 2013 11:57:59 GMT

In the recent case of "Tiara Condominium Association, Inc. v. Marsh & McLennan", the Supreme Court of Florida answered a certified question relating to the economic loss rule bars an insured’s suit against an insurance broker where the parties are in contractual privity with one another and the damages sought are solely economic losses.

United States: Out Of The Box - Volume 1, Issue 1, June 2013 - Morrison & Foerster LLP

Mon, 17 Jun 2013 00:00:00 GMT

For most consumer product companies, in-house counsel and risk managers can never be too careful when it comes to providing warnings or other disclosures that describe (and qualify) the potential risks and benefits associated with their products.

United States: What Lies Ahead As Florida Transitions To Daubert - Rumberger, Kirk & Caldwell, P.A.

Thu, 13 Jun 2013 00:00:00 GMT

Florida Governor Rick Scott has signed into law a piece of legislation that transforms Florida into a Daubert jurisdiction, aligning Florida courts with their federal counterparts.

United States: Are State-Law Claims For Violating Federal Food Labeling Law Preempted? - Mayer Brown

Thu, 13 Jun 2013 00:00:00 GMT

The federal Food Drug and Cosmetic Act ("FDCA")—along with the implementing regulations promulgated by the FDA—sets out a detailed national standard for much of what appears on food and beverage labeling.

United States: Corporate And Financial Weekly Digest - June 7, 2013 - Katten Muchin Rosenman LLP

Wed, 12 Jun 2013 12:25:21 GMT

A summary of the most recent corporate and finance developments.

United States: Round Two Of Shareholder Say-On-Pay Litigation - Pepper Hamilton LLP

Wed, 12 Jun 2013 10:43:34 GMT

The third proxy season of the Dodd-Frank Act's mandatory shareholder "say-on-pay" advisory votes is well underway, and "round two" of shareholder say-on-pay litigation is in full swing.

Australia: Federal Treasury clarifies boundaries between Small Amount Credit Contracts (SACCs) and Medium Amount Credit Contracts (MACCs) - Hunt & Hunt

Wed, 12 Jun 2013 00:52:43 GMT

Credit providers with Small Amount Credit Contracts (SACCs) can proceed with certainty in planning for new credit laws.

United States: SEC Staff Provides Guidance On Conflict Mineral And Resource Extraction Disclosure Requirements - Morrison & Foerster LLP

Wed, 12 Jun 2013 00:00:00 GMT

On May 30, 2013, the staff of the U.S. Securities and Exchange Commission published Frequently Asked Questions regarding certain disclosures required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

United States: Asbestos Payments Pulled Back Slightly In 2012, Although Average Payments Per Resolved Claim Remained High - Snapshot Of Recent Trends In Asbestos Litigation: 2013 Update - NERA Economic Consulting

Tue, 11 Jun 2013 13:32:48 GMT

A review of asbestos-related liabilities reported in companies’ SEC filings.

United States: "It Ain't Over 'Til It's Over!" - California Court Keeps Song-Beverly Cases Against Nike Alive - Loeb & Loeb LLP

Tue, 11 Jun 2013 09:01:03 GMT

In moving for summary judgment, Nike argued that under its policies and procedures a credit card customer could not have reasonably perceived Nike's request for a ZIP code as a condition to completing a credit card transaction.

United States: CFPB Takes Its First Aim At Abusive Practices Under Dodd-Frank - Foley & Lardner

Mon, 10 Jun 2013 15:56:16 GMT

The CFPB took the first step in enforcing the "abusive" standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices by filing a federal action against a Florida debt-relief company.

United States: CFPB Amends Ability-To-Repay/Qualified Mortgage Regulations To Exclude Creditor's Payment Of Compensation To Loan Originator Employees From Calculation Of Points And Fees - Sheppard Mullin Richter & Hampton

Mon, 10 Jun 2013 10:32:02 GMT

The Consumer Financial Protection Bureau recently issued a final rule amending its Ability to Repay/Qualified Mortgage rule, originally issued on January 10, 2013.

United States: No TCPA Express Consent When Instructions To The Contrary Are Provided - Foley & Lardner

Mon, 10 Jun 2013 09:52:43 GMT

In a recent case involving Papa John’s Pizza, the U.S. District Court for the Eastern District of Virginia provided some contour to just what "absent instructions to the contrary" means.

United States: CFPB Investigation Leads To First Criminal Referral To DOJ - Loeb & Loeb LLP

Mon, 10 Jun 2013 09:00:06 GMT

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the criminal indictment against the company, Mission Settlement Agency, and six individuals, including Mission's owner, three employees, and two former employees.

United States: CFPB Issues Rules Governing Use Of Civil Penalty Funds - Loeb & Loeb LLP

Sun, 09 Jun 2013 09:00:09 GMT

One of the most intriguing aspects of the new Consumer Financial Protection Bureau is the agency's novel power not only to assess civil penalties against those entities that violate its rules and federal consumer laws, but also to keep these monetary penalties and put them directly into its own war chest for use in future campaigns against other prospective violators.

United States: TILA Prohibition On Mandatory Arbitration Provisions In Mortgage Agreements Takes Effect June 1, 2013 - Loeb & Loeb LLP

Sun, 09 Jun 2013 09:00:09 GMT

The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan agreements.

United Kingdom: Driving Growth In The Banking Sector - Deloitte

Fri, 07 Jun 2013 14:29:56 GMT

Banks have held many headlines in the news over the last few years, with consumer trust of the industry waning with every new article.

Netherlands: The International Comparative Legal Guide To: Product Liability 2013 - De Brauw Blackstone Westbroek N.V.

Fri, 07 Jun 2013 13:18:04 GMT

The product liability provisions are without prejudice to all other rights or actions of the injured party.

Australia: ASOS recalls deadly radioactive belts when fashion tragedy meets product safety laws - Marque Lawyers

Thu, 06 Jun 2013 21:09:39 GMT

UK online business ASOS recalled leather studded belts worldwide, because extensive wear could cause radioactive injury.

United States: Hiring And Criminal Background Reports - Fox Rothschild LLP

Thu, 06 Jun 2013 11:07:40 GMT

For Pennsylvania schools, hiring season for the fall is well underway.