Searching Content indexed under Consumer Law by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Proposed Massachusetts Consumer Data Privacy Law Takes Lessons From Illinois' Biometric Law
After Illinois passed its Biometric Information Privacy Act in 2008 ("BIPA"), other states have begun enacting legislation regulating business activities relating to biometric information.
United States
9 May 2019
Ninth Circuit Confirms Plaintiffs Are Not Required To Undermine Defendant's Evidence To Withstand Summary Judgment In False Labeling Class Actions
The Ninth Circuit's recent decision in Sonner v. Schwabe N. Am., Inc. et al.,[1] resolves a split among district courts evaluating the standard that applies to false labeling claims
United States
21 Jan 2019
California AG Holding Series Of CCPA Public Forums
In support of the California AG's work towards drafting regulations under the California Consumer Privacy Act, a series of public forums are being held throughout California.
United States
16 Jan 2019
One A Day Will Not Keep Plaintiffs Away
In a recent decision, the California Court of Appeal reaffirmed and clarified how the "reasonable consumer" standard must be applied at the pleadings stage to mislabeling claims
United States
14 Sep 2018
Unixiz Settles COPPA Allegations With NJ AG
Unixiz, operator of the i-Dressup site, reached an agreement with the New Jersey Attorney General to settle charges that the company had violated the Children's Online Privacy Protection Act and the New Jersey's Consumer Fraud Act.
United States
2 Sep 2018
The California Privacy Law Is Coming: What Should Your Company Do Now?
As has been widely reported, California's new privacy regime is set to come into effect on January 1, 2020.
United States
1 Aug 2018
Ninth Circuit Confirms That Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims For Injunctive Relief
The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit
United States
5 Jul 2018
FTC Expresses Concerns Over Mobile Security Updates
In its recent report (Mobile Security Updates: Understanding the Issues), the FTC expressed concerns with the process for keeping mobile devices updated and secure.
United States
21 May 2018
Do We Need A Truth In Advertising Act? The Industry And Retailers Self-Regulate Photoshopping Ads
Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd. ...
United States
22 Feb 2018
Are Your Product Warnings Prop 65 Compliant? With New Changes Coming, It's Time To Re-Evaluate
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity.
United States
26 Jan 2018
2018: The Year Of The FTC And Informational Injuries?
What constitutes actionable consumer injuries post-breach or data misuse is a hotly contested topic. As we reported in our Advertising blog late last year the FTC hosted a workshop on December 12th ...
United States
18 Jan 2018
ESPN Knocks VPPA Suit Out Of The Park
The Ninth Circuit recently joined the Third Circuit in defining PII under the VPPA as "information that would readily permit an ordinary person to identify a specific individual's video-watching behavior."
United States
10 Jan 2018
CFPB Provides Guidance On Consumer Data Protection
The Consumer Financial Protection Bureau (CFPB) recently released a set of Consumer Protection Principles aimed at the Fintech field.
United States
15 Nov 2017
FACTA Suit Dismissed For Lack Of Harm
A Florida court recently broke with other district courts in its circuit when it concluded that a plaintiff lacks standing to sue a defendant for mere technical violation of the FACTA unless the plaintiff has been harmed
United States
18 Oct 2017
Seventh Circuit Holds Footlong Settlement Falls Short
In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., 2017 U.S. App. LEXIS 16260, at *14 (7th Cir. Aug. 25, 2017).
United States
26 Sep 2017
Outlet And Factory Class Actions Take A Hit: California Court Of Appeal Confirms Companies Can Sell Made-For-Outlet Product At Outlet Or Factory Stores
Over the past two years, class actions have been filed against nearly every major retailer challenging various sales and pricing practices.
United States
15 Sep 2017
The Consumer Financial Protection Bureau Adopts New Rule Barring Class Action Waivers In Arbitration Agreements
As expected, and with few changes, the Consumer Financial Protection Bureau adopted its proposed rule barring financial companies regulated by the agency from including class action waivers...
United States
31 Jul 2017
You Cant Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls
As the Rolling Stones famously sing, "You can't always get what you want." And in the ever treacherous world of the Telephone Consumer Protection Act ("TCPA"), ...
United States
26 Jul 2017
Dish Network To Dish Out $341M For TCPA Violations
Two recent judgements against Dish Network LLC ("Dish") for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability...
United States
14 Jul 2017
TCPA Update: FCC Seeks Guidance On Proposed Robocall-Blocking Rule
Under new Chairman Ajit Pai's leadership, the Federal Communications Commission (the "Commission") is taking its first steps toward reforming its rules interpreting the "TCPA".
United States
25 May 2017
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