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Scott Nelson
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Two recent appellate decisions have continued the courts' exploration of how the Supreme Court's Spokeo standing decision affects cases under the Fair Debt Collection Practices Act (FDCPA). Both find that a debt collector's actions violated a right conferred on consumers... Continue reading
Posted 2 days ago at CL&P Blog
The U.S. Court of Appeals for the Ninth Circuit yesterday rejected Facebook's effort to avoid a Telephone Consumer Protection Act lawsuit on First Amendment grounds. Facebook had argued that a recent amendment to the law, which excepted calls seeking to... Continue reading
Posted Jun 14, 2019 at CL&P Blog
For the second time this Supreme Court Term, Justice Gorsuch has dissented from a majority opinion by Justice Kavanaugh. Both times, the beneficiary of Kavanaugh's vote has been a plaintiff whose cause of action Kavanaugh would recognize but Gorsuch would... Continue reading
Posted May 13, 2019 at CL&P Blog
The Telephone Consumer Protection Act (TCPA) provides people whose cell phones receive unconsented-to, autodialed calls and texts a right to sue. Since the Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), which held that statutory... Continue reading
Posted Apr 30, 2019 at CL&P Blog
In 2015, Congress amended the Telephone Consumer Protection Act (TCPA) to exempt calls made to collect a debt owed to or guaranteed by the federal government from the TCPA’s ban on unwanted robocalls to cell phones. Last week, in a... Continue reading
Posted Apr 29, 2019 at CL&P Blog
In its latest foray into the poorly drafted provisions of the Fair Debt Collection Practices Act, the Supreme Court unanimously decided today in Obduskey v. McCarthy & Holthus LLP that entities who engage in nonjudicial foreclosure either regularly or as... Continue reading
Posted Mar 20, 2019 at CL&P Blog
In an en banc decision late last week, the U.S. Court of Appeals for the Ninth Circuit held that a San Francisco ordinance requiring ads for sugar-sweetened beverages to warn of the link between overconsumption and obesity violates the First... Continue reading
Posted Feb 5, 2019 at CL&P Blog
It could have been a routine order directing arbitration in a commercial dispute no one beyond the parties would likely care about. Instead, Judge William Young of the U.S. District Court for the District of Massachusetts used the occasion of... Continue reading
Posted Dec 21, 2018 at CL&P Blog
Alison Frankel of Reuters reports that the Delaware Chancery Court has held that Delaware corporations lack authority to include in their charters "forum selection clauses" applicable to federal securities fraud claims asserted by shareholders. Put more simply, the ruling limits... Continue reading
Posted Dec 19, 2018 at CL&P Blog
The vaping industry's First Amendment challenge to FDA e-cigarette marketing rules remains pending in the DC Circuit, where it awaits decision following oral arguments this past September. But federal officials aren't the only ones trying to regulate the industry's practices:... Continue reading
Posted Dec 17, 2018 at CL&P Blog
When a federal district court certifies, refuses to certify, or decertifies a class, Federal Rule of Civil Procedure 23(f) gives a party 14 days to ask a court of appeals for permission to appeal the ruling. But what if a... Continue reading
Posted Nov 29, 2018 at CL&P Blog
The Supreme Court held long ago, in a case generally referred to as "American Pipe," that if the courts refuse to allow a case to go forward as a class action, all members of the class have the chance to... Continue reading
Posted Jun 11, 2018 at CL&P Blog
In case you missed the punchline of Jeff Sovern's post on the CFPB's annual report, the news is not the report itself (which conscientiously recites the CFPB's actions between February and September 2017, before Mick Mulvaney was appointed Acting Director... Continue reading
Posted Apr 2, 2018 at CL&P Blog
In an opinion issued this morning, the U.S. Court of Appeals for the District of Columbia Circuit overturned key provisions of a Federal Communiciations Commission ruling addressing the scope of the Telephone Consumer Protection Act's prohibition on the use of... Continue reading
Posted Mar 16, 2018 at CL&P Blog
National banks have long argued for broad preemption of state laws that would otherwise apply to their activities, and their federal regulator, the Office of the Comptroller of the Currency (OCC) has often gone along. In an important decision issued... Continue reading
Posted Mar 5, 2018 at CL&P Blog
Wastewater systems nationwide have for some time been urging people not to flush anything except human waste and toilet paper down the toilet to avoid clogs that damage sewer lines. Kimberly-Clark and other manufacturers, however, market some of their moistened... Continue reading
Posted Jan 3, 2018 at CL&P Blog
Senators Elizabeth Warren and Dick Durbin today issued a report giving Betsy DeVos and the Department of Education a failing grade on their handling of claims for loan forgiveness from students defrauded by for-profit colleges and trade schools. Fourteen other... Continue reading
Posted Nov 14, 2017 at CL&P Blog
by Scott Nelson As Jeff noted earlier this morning, Equifax's offer of "complimentary" enrollment in "TrustedID Premier" to people potentially affected (and even people that it doesn't identify as potentially affected) by its data breach came with a catch: The... Continue reading
Posted Sep 8, 2017 at CL&P Blog
By Scott Nelson The nation's three big credit-reporting companies have tremendous power over American consumers and collect the most sensitive data about us. With that great power should go great responsibility to protect that information. Now comes news, via CNN,... Continue reading
Posted Sep 7, 2017 at CL&P Blog
Those who follow the arbitration wars probably know that the upcoming Supreme Court term will kick off with an epic battle in those wars--literally. The first argument on the first Monday in October will be in the consolidated cases of... Continue reading
Posted Sep 1, 2017 at CL&P Blog
Coming soon to a TV screen near you: An ad from the Chamber of Commerce exhorting viewers to tell their Senators to block the CFPB's arbitration rule so lawyers will stop bringing lawsuits over coffee. I kid you not. Never... Continue reading
Posted Aug 24, 2017 at CL&P Blog
The "Bargainista" columnist for the on-line news site TCPalm.com, a USA Today affiliate focusing on Florida's Treasure Coast, commonly covers subjects such as the availability of "mooncakes" at Denny's on eclipse day, the supply of pretzels at the Wawa convenience... Continue reading
Posted Aug 24, 2017 at CL&P Blog
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Take a look at this image of a cell-phone displaying the registration page for the Uber ride-sharing app: If you enter your credit card information and hit "REGISTER," have you given up your right to bring a class action against... Continue reading
Posted Aug 18, 2017 at CL&P Blog
The National Consumer Law Center (NCLC) has a useful discussion here on the implications of this week's Supreme Court decision in Henson v. Santander Consumer USA. NCLC's principal point is that Santander leaves open the possibility of proving that a... Continue reading
Posted Jun 15, 2017 at CL&P Blog
Public Citizen and 25 other U.S. and international groups concerned with consumer rights and electronic privacy have sent a letter to Facebook asking it to release documents about whether it has collected and analyzed psychological information about its youthful users... Continue reading
Posted May 10, 2017 at CL&P Blog