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Searching Content indexed under Consumer Protection by K&L Gates ordered by Published Date Descending.
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District Court Decertifies TCPA Class Following Invalidation Of Solicited Fax Rule
A district court recently decertified a class of plaintiffs seeking damages after the judge ruled that recent changes in the Telephone Consumer Protection Act (the "TCPA") warranted decertification.
United States
28 Sep 2017
2
Origin-al sin
It may be the case that you have never given much thought to the label on the inside of your shirt, beyond whether or not it provided the right size information or whether or not it was irritating...
Australia
25 Sep 2017
3
Iowa Legislature Introduces Asbestos Litigation Reforms
Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system.
United States
19 Sep 2017
4
Final 2017 TRID Rule Does Little To Ease Liability Concerns; Proposed Legislation Already In The Works To Address Shortcomings
Nearly two years after the TILA-RESPA Integrated Disclosure rule went into effect (on October 3, 2015) and one year after the CFPB closed a comment period on a NPRM to adjust and clarify the rule, ...
United States
15 Sep 2017
5
Secretary DeVos Announces Changes To Title IX Directives Regarding Campus Sexual Misconduct Allegations
On Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the "insights of all parties" in creating...
United States
15 Sep 2017
6
District Court Denies Class Certification In TCPA Case; Finds No Injury Possible Where Call Recipients Consented To Calls, Even If Consent Not In Writing
In ruling on defendant's motion to strike the class allegations, and plaintiffs' cross-motion to certify a proposed class, Judge Gettleman first analyzed the four requirements of Federal Rule of Civil Procedure 23.
United States
4 Sep 2017
7
Spokeo Redux: Ninth Circuit Holds That A Statutory Violation Under FCRA May, Without More, Establish A Concrete Injury For Purposes Of Article III Standing
The Ninth Circuit has opined, again, on whether a statutory violation of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681, et seq.—by itself—constitutes a concrete injury for Article III standing purposes.
United States
31 Aug 2017
8
Schwartz v. Accuratus Corp.: Nonspouses Take-Home Liability Case
The U.S. District Court for the Eastern District of Pennsylvania recently issued a decision that permitted a frequent visiting nonspouse to maintain a "take-home" exposure claim under New Jersey law.
United States
 
23 Aug 2017
9
CFPB Promulgates, House Seeks To Repeal, Final Arbitration Agreements Rule
Recently, the Consumer Financial Protection Bureau (CFPB) promulgated its final arbitration agreement rule.
United States
17 Aug 2017
10
FCC Begins Rulemaking Process To Allow Blocking Of "Spoofed" Number Calls
The FCC approved both a Notice of Proposed Rulemaking and a Notice of Inquiry to solicit feedback from consumers and other parties with an interest in the proposed rules.
United States
31 Jul 2017
11
Delaware's No-Usury-Cap Rule Deemed Unenforceable As Contrary To New York Public Policy In FDCPA Class Action
In light of its analysis of the parties' choice-of-law provision, the court certified a narrower class than the plaintiff had proposed.
United States
31 Jul 2017
12
U.S. Supreme Court Sides With Merchants In Credit Card Surcharge Case, But The Fight Isn't Over Yet
On March 29, 2017, the U.S. Supreme Court ruled that a New York statute restricting credit card surcharges regulated commercial speech.
United States
28 Jul 2017
13
Balancing Act: Supreme Court Rules That Filing A Proof Of Claim For Stale Debt Does Not Violate The Fair Debt Collection Practices Act
The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a "false, deceptive, misleading, unfair, or unconscionable" act...
United States
28 Jul 2017
14
Financial Choice Act Moves To The House Floor
On May 4, the House Financial Services Committee ("HFSC") concluded its three-day markup of H.R.10, the Financial Choice Act ("FCA"), a bill to reform the Dodd-Frank Wall Street Reform...
United States
27 Jul 2017
15
CFPB Director Informs Consumer Advisory Board That Bureau Will Not Shy Away From Issuing Debt Collection Proposed Rule
The Director emphasized his view that new debt collection rules are necessary because of the age of the Fair Debt Collection Practices Act...
United States
25 Jul 2017
16
District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing
A recent decision from the Western District of Washington, Noah Wick v. Twilio Inc., Case No. C16-00914RSL, resulted in dismissal of a putative class action lawsuit under the Telephone Consumer Protection Act, ...
United States
25 Jul 2017
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