Searching Content indexed under Class Actions by Davis & Gilbert ordered by Published Date Descending.
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Do Makers Of Children's Connected Toys Need A Time-Out To Comply With COPPA?
Ask a parent about their biggest concern when it comes to having their young children log too much screen time on tablets ...
United States
18 Dec 2018
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow To Consumer Class Actions Under The Act
Last month, New Jersey's highest court ruled that only persons who have suffered actual harm from violations under the state's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) ...
United States
18 May 2018
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
United States
17 Jan 2018
Financial Institution Lawsuits Against Equifax Tempt Consumer Backlash
The massive data breach at Equifax has quickly spurred a number of lawsuits on behalf of consumers. That was to be expected.
United States
13 Oct 2017
First Circuit Requires Identifiable Injury For Claims Asserting Deceptive Retailer "Compare At" Prices
Consumer class actions alleging that retailers are using deceptive comparison pricing tactics online and in stores are becoming increasingly common under state consumer protection statutes...
United States
25 Sep 2017
Possibility Defeats Practicality: Federal Court Of Appeals Limits Class Action Defense Regarding Infeasibility Of Ascertaining Class Members
As discussed in a previous article, in 2013 many federal courts began applying a heightened standard to the long-recognized, but largely overlooked, "ascertainability" prerequisite implicit in the Federal Rules...
United States
6 Sep 2017
Asset Securitization Report, "Yes, The President's Words Do Matter, Even For Student Loan Litigation"
In a recent Asset Securitization Report article, Joseph Cioffi examines how the President's campaign rhetoric and post-election plans may support a court ruling that a class action lawsuit...
United States
7 Aug 2017
Digital Media, Technology & Privacy Alert >> Big Changes To Canada's Anti-Spam Law Effective July 1
Enacted in 2014, Canada's Anti-Spam Law (CASL) set in motion significant changes to the law governing the collection and use of email and other electronic addresses in Canada...
United States
11 Jul 2017
Courts Begin To Rein In Scope Of New Jersey Truth In Consumer Contract, Warranty And Notice Act
Recent cases may suggest a shift in courts' views on New Jersey's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).
United States
17 May 2017
Suit Challenges Jos. A. Bank Clothiers' "Up To" Percent Off Advertising
A proposed class action lawsuit has been filed in New Jersey asserting that Jos. A. Bank Clothiers, Inc. violated state law by improperly promoting sales with "up-to-a-specific-percentage-off" advertisements.
United States
4 May 2017
Retail Practices Are In Vogue For Regulators, And Class Action Lawyers
The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing...
United States
19 Apr 2017
Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices
Staples has agreed to pay $2 million to end a class action filed in California federal court alleging that the company engaged in deceptive rewards program practices.
United States
10 Jan 2017
Litigation Alert >> Internet Retailers Beware: NJ Truth-In-Consumer Contract, Warranty And Notice Act Impacts Online Terms And Conditions
New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey's broader consumer protection laws is the Truth-in-Consumer Contract...
United States
26 Jul 2016
2016 Mitigating Risk: Key Litigation Developments - Consumer Class Actions >> Our Best Offer: Rule 68 And TCPA Class Actions
The Telephone Consumer Protection Act (TCPA) imposes significant restrictions on automatically dialed calls, including prohibitions against virtually all automated calls and text messages to cell phones.
United States
12 Apr 2016
2016 Mitigating Risk: Key Litigation Developments - Consumer Class Actions >> "Ascertainable" Class Members In Consumer False Advertising Actions
Consumer class action lawsuits often unfold into protracted and expensive cases, regardless of merit.
United States
12 Apr 2016
2016 Mitigating Risk: Key Litigation Developments Employment >> Managing The Very Real Risks Of FLSA Class Action Lawsuits
Class action lawsuits by employees and independent contractors asserting claims under the Fair Labor Standards Act (FLSA) continue to plague employers — and show no sign of leveling off, let alone decreasing.
United States
12 Apr 2016
Ruling Gives NCAA Victory In "Amateurism" Case, But Legal Battle Doesn't End Here
Last week, the Ninth Circuit Court of Appeals issued its ruling in the milestone O'Bannon v. NCAA case.
United States
15 Oct 2015
Consumer's California Lawsuit Challenges Department Stores' "Compare At" Pricing
A consumer has filed a putative class action lawsuit in a federal district court in California that challenges the legality of "Compare At" pricing used by a department store chain.
United States
21 Jul 2015
Groupon Class Action Suits Challenge Online Coupon Business
In the latest action to be filed in a series of class action lawsuits against Groupon, Inc., Carlos Vasquez filed a complaint on March 8, 2011 in the U.S. District Court for the District of Columbia on behalf of himself and other similarly situated consumers alleging that Groupon places unlawful expiration dates on its gift certificates.
United States
21 Jul 2011
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