Mondaq.Com - feed of articles on Consumer Protection

United States: Manually Dialed Telephone Calls May Violate TCPA - Loeb & Loeb LLP

Sun, 19 May 2013 09:00:27 GMT

A federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers, holding in Nelson v. Santander Consumer USA that the federal statute may apply to calls even if an auto/predictive dialer is not used to initiate them.

Australia: ACCC takes first enforcement action under "Unfair Contract" laws in the Australian Consumer Law - Swaab Attorneys

Sun, 19 May 2013 05:53:52 GMT

The ACCC took enforcement action against standard form consumer contract terms which were unfair and unenforceable.

Australia: Federal Budget 2013-14: Not-For-Profit and Education - Moore Stephens

Thu, 16 May 2013 11:22:45 GMT

The Disability sector and schools are the winners from this budget, with funding of Disability Care and Gonski reforms.

United States: Regulatory Focus On Colleges And Universities Is Increasing - Schnader Harrison Segal & Lewis LLP

Thu, 16 May 2013 09:39:05 GMT

In the last two weeks, both the IRS and Congressional officials announced major milestones in the increasing regulatory focus on colleges and universities.

South Africa: Sale In Execution Regulations Remain Anti-Competitive Despite Era Of Consumer Protection - Werksmans Incorporated

Wed, 15 May 2013 15:18:42 GMT

A discussion which focuses on the anti-competitiveness of sales in execution.

United States: Seventh Circuit Approves Removal To Federal Court Of Asbestos Exposure Suit Against Federal Government Contractor - Jones Day

Wed, 15 May 2013 10:23:54 GMT

The Seventh Circuit Court of Appeals has held that removal to federal court of an asbestos suit for liabilities based on products delivered to an agency of the United States government is appropriate.

United States: CFPB Zeroes In On Payday Loans - Foley & Lardner

Tue, 14 May 2013 10:18:19 GMT

During the past year, the CFPB has engaged in an in-depth review of short term and small dollar loans.

United States: CFPB: March 2013 Roundup - Venable LLP

Mon, 13 May 2013 16:51:24 GMT

Did a customer file a complaint against you in the past year? If so, now everyone knows (or could know).

United States: How To Make Effective Comments On The FDA's New "FSMA" Regulations - Jones Day

Mon, 13 May 2013 09:16:01 GMT

The most sweeping changes to food regulation in decades are underway.

Australia: Have you checked your standard form consumer contracts for unfair terms - because the ACCC will - Clayton Utz

Sat, 11 May 2013 19:48:47 GMT

The ACCC recently instituted proceedings based solely on alleged breaches of the unfair contracts provisions of the ACL.

Australia: Buy more, save more: Exclusivity conditions, loyalty rebates, and competition law - Clayton Utz

Sat, 11 May 2013 19:17:01 GMT

Loyalty or fidelity rebates based on volume of customer requirements can have an effect on competition in the market.

Finland: More Than Three Web Stores Out Of Four That Sell Online Services To Consumers Infringe EU Consumer Rules - Hannes Snellman

Fri, 10 May 2013 11:49:21 GMT

The biggest issues with the web stores were connected to the terms and conditions under which the products were provided.

United States: HHS Empowers Consumers To Know (And Enforce) Their Rights Under HIPAA - Proskauer Rose LLP

Fri, 10 May 2013 00:00:00 GMT

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.

Australia: Review of point of sale finance – retailers wait with trepidation! - Hunt & Hunt

Thu, 09 May 2013 18:28:28 GMT

Government convened a POS working group to review the exemption granted to retailers involved in POS finance activities.

United Kingdom: Interest Rate Swap Mis-Selling - Charles Russell LLP

Thu, 09 May 2013 15:11:10 GMT

The FSA has been in discussions with the banks with regard to them providing appropriate redress for affected customers in relation to the mis-selling of payment protection insurance.

United States: Ten Facts You Need To Know About Pennsylvania Wineries - Fox Rothschild LLP

Wed, 08 May 2013 16:02:25 GMT

The Center For Rural Pennsylvania recently published a comprehensive study of the state’s wine industry.

Australia: Unfair Contract Terms: A sleeper no more!: ACCC enforcement - Coleman Greig Lawyers

Tue, 07 May 2013 19:11:37 GMT

All standard form consumer contracts should be reviewed to ensure that they comply with the ACL unfair contract terms.

United States: FTC Settlement Highlights The Importance Of Consistency Between Data Security Practices And Advertised Privacy Policies - Arent Fox LLP

Tue, 07 May 2013 15:29:49 GMT

Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.

Ireland: Commission Proposes Changes To Bovine ID And Beef Labelling, April 2013 - Arthur Cox

Tue, 07 May 2013 12:57:34 GMT

European rules on the tagging of bovine animals and on voluntary labelling of beef products are set to change in the near future.

United States: In-House Counsel Predictions of Class Action Trends - Mayer Brown

Tue, 07 May 2013 11:40:29 GMT

Carlton Fields recently published a survey (pdf) of 368 general counsel and other in-house counsel at major companies across more than 25 industries regarding the class actions they faced in 2012 and their expectations for 2013.

Australia: Competition and Consumer Law Alert - Coleman Greig Lawyers

Tue, 07 May 2013 10:13:55 GMT

One of the key focus areas for the ACCC this year is to ensure that businesses comply with the Australian Consumer Law.

United States: Cordray As Director Of CFPB? Not In This House Committee - Waller Lansden Dortch & Davis

Tue, 07 May 2013 09:00:09 GMT

It is encouraging to see that there are still some members of Congress that are willing to assert its status as a co-equal branch of the federal government.

United Kingdom: Global Powers Of Consumer Products 2013 - Deloitte

Tue, 07 May 2013 00:00:00 GMT

The report identifies the 250 largest Consumer Products companies around the world and provides an outlook for the global economy, an analysis of market capitalisation in the industry, and an assessment of the increasing impact that digitally empowered consumers are having on the industry.

United States: The CFPB Embraces Junk-Science And Wants Banks To Do So As Well - Waller Lansden Dortch & Davis

Mon, 06 May 2013 00:00:00 GMT

There was a time when class-action lawsuits against lenders who financed dealer-generated automobile loans were all the rage.

Canada: Quebec Court Of Appeal Finds That Private Catholic High School Cannot Teach Ethics And Religious Culture Course From A Catholic Perspective - Borden Ladner Gervais LLP

Mon, 06 May 2013 00:00:00 GMT

On December 4, 2013, the Quebec Court of Appeal ruled in Québec (Procureur général) c. Loyola High School, that Loyola High School, a private Catholic high school in Montreal, was required to teach a secular Ethics and Religious Culture Course (the "Course").