Searching Content indexed under Consumer Law by Proskauer Rose LLP ordered by Published Date Descending.
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Personal Email Management Service Settles FTC Charges Over Allegedly Deceptive Statements To Consumers Over Its Access And Use Of Subscribers' Email Accounts
This week, the FTC entered into a proposed settlement with Unrollme Inc. ("Unrollme"), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes.
United States
13 Aug 2019
CCPA: Consumers And The Right To Sue
The California Consumer Privacy Act of 2018 ("CCPA") is a California privacy law that gives consumers, defined as natural persons residing
United States
17 Jun 2019
CCPA: The California Senate Is Not Ready To Expand The Consumer Right Of Action
Senate Bill 561's smooth sail through the California legislature came to an end on Thursday, May 16. On the eve of the deadline for all fiscal committees to hear ...
United States
3 Jun 2019
Bills Introduced In California Legislature To Expand Scope Of Breach Notification Law And Amend The CCPA
California already has some of the strongest data privacy laws in the United States
United States
7 Mar 2019
California Legislature Passes Amendments To The California Consumer Privacy Act
As originally drafted, the CCPA was set to become operative on January 1, 2020, and SB 1121 preserves this operative date.
United States
14 Sep 2018
The California Consumer Privacy Act Of 2018
This has been a big year in the data protection world, with the headline-grabbing General Data Protection Regulation
United States
19 Jul 2018
Ninth Circuit Finds Grounds To Dismiss Iced Coffee False Advertising Suit
Recently, the Ninth Circuit affirmed a district court's dismissal of a putative class action claiming that Starbucks deceived its customers by under-filling the liquids in its iced drinks and adding ice...
United States
6 Apr 2018
D.C. Circuit's Long-Awaited Ruling Narrows FCC's 2015 TCPA Order
On March 16, 2018, the D.C. Circuit Court of Appeals released a long-awaited decision in ACA International, et al. v. FCC, unanimously ruling to narrow a 2015 FCC order that expanded the scope of the TCPA.
United States
27 Mar 2018
A Shot In The Arm: Second Circuit Holds Flu Shot Text Messages Didn't Violate TCPA
After receiving this text message, the plaintiff filed a class action lawsuit in federal court claiming that Mount Sinai had violated the Telephone Consumer Protection Act.
United States
26 Jan 2018
Maryland District Court Denies Summary Judgment On CFPA Whistleblower Claim
The U.S. District Court for the District of Maryland recently denied a motion for summary judgment in a whistleblower retaliation claim under the Consumer Financial Protection Act of 2010...
United States
20 Dec 2017
New CFPB Arbitration Rule Already Under Attack
On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a new rule that would make it easier for consumers to bring class action lawsuits against financial institutions.
United States
26 Jul 2017
The Supreme Court Says "Game Over" To Crafty Gamers' Attempt To Circumvent Class Certification Appeals
On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the district court struck the class allegations, plaintiffs sought...
United States
11 Jul 2017
Consumer Review Fairness Act Taking Effect
The CRFA began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers' ability to publicly review services and vendors without being subject to restrictions...
United States
16 Mar 2017
Website Design Implicated In Two Rulings On Enforceability Of Online Terms – Highlights The Importance Of Legal Review Of Design Decisions
This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced.
United States
22 Nov 2016
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
Mobile App VPPA Suit Survives Spokeo Standing Challenge
A user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the watched video to a third-party analytics company.
United States
9 Sep 2016
User Of Free App May Be "Consumer" Under The Video Privacy Protection Act
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA).
United States
5 May 2016
Beer-Maker Puts An End To Brewhaha: Anheuser Busch Agrees To Settle Second Of Two Class Action Lawsuits Over Beer Origin Disclaimers
These two settlements certainly serve as a warning for nationwide sellers to consider the more prominent display of the products' origin on products and packaging, if the product labeling is potentially obscured.
United States
9 Jul 2015
California Court Dismisses FCRA Class Action Against LinkedIn
In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation.
United States
15 May 2015
In Consumer Class Actions, Discovery Is Not Insured
New Jersey's appellate division affirmed, "reject[ing] plaintiffs' urging to impose a bright-line rule prohibiting examination of the propriety of class certification until discovery is taken."
United States
15 May 2015
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