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Consumer Fraud

Seyfarth Shaw LLP

New Jersey Destination Charge Case Reaches Final Destination - Seyfarth's Future of Automotive Series

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On Wednesday, October 23, 2024, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, put the final nail in the coffin of claims by consumers that “destination charges” for the delivery of...more

Mintz

Minnesota Federal Court Says Greenwashing Claims Concerning Consumer Products Can Proceed

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On September 25, 2024, the federal district court in Minnesota denied Target Corp.'s motion to dismiss a consumer-fraud action against it featuring claims that a class of consumers were “deliberately misled [] by [Target]...more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

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A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Ballard Spahr LLP

FTC, State of Arizona Charge Auto Dealership with Deceiving Consumers

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On August 15, 2024, the Federal Trade Commission (“FTC”) and Arizona Attorney General announced a proposed settlement with an Arizona-based vehicle dealership to resolve allegations that the dealership misrepresented prices...more

Amundsen Davis LLC

Interchange Fee Prohibition Act

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The Interchange Fee Prohibition Act (IFPA), signed into law in June of 2024 by Illinois Governor J.B. Pritzker, prohibits banks, savings associations, credit union, and others from receiving or charging an interchange fee on...more

Seyfarth Shaw LLP

FTC Continues Aggressive Enforcement Actions To Deter Deceptive Pricing Practices By Car Dealers - Seyfarth's Future of Automotive...

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On Thursday, August 15, 2024, the Federal Trade Commission (FTC) and Arizona Attorney General announced a $2.6 million settlement to resolve claims that Coulter Motor Company used deceptive online advertising to lure...more

Troutman Pepper

FTC and Arizona AG Reach $2.6 Million Settlement with Motor Vehicle Dealer Over Alleged Deceptive and Discriminatory Sales and...

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Last week, the Federal Trade Commission (FTC) and the State of Arizona announced a joint action against Coulter Motor Company, an Arizona-based motor vehicle dealership, and its former general manager, for allegedly engaging...more

Troutman Pepper

Arizona Files Another Lawsuit Against Automobile Industry for Alleged Emissions Violations

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Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more

Cozen O'Connor

Walmart to Pay $1.6 Million to Settle Pricing Allegations

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New Jersey AG Matthew Platkin reached a settlement with Walmart Inc. to resolve allegations that the retailer engaged in unlawful pricing practices at its New Jersey stores in violation of the state’s Consumer Fraud Act...more

Cozen O'Connor

FTC Issues $2.4 Million in Refunds Following Settlement with Online Coaching Company

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The FTC is sending more than $2.4 million in refund payments to nearly 2,000 consumers who purchased online coaching or mentoring programs from Lurn, Inc. These refunds are part of a settlement the Commission reached with...more

Faegre Drinker Biddle & Reath LLP

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

Perkins Coie

Notable Ruling Roundup - May 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Awatif Mohammad Shoqi Advocates & Legal...

A Comprehensive Overview of the 2023 Commercial Fraud Law

UAE introduces Federal Decree-Law No. 42/2023 to Combat Commercial Fraud, repealing Federal Law No. 19/2016, and emphasizing a comprehensive legal framework. The new law aims to protect consumers, preserve goods' integrity,...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

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New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Foley & Lardner LLP

Motion to Strike Damages Expert Leads to Denial of Class Certification

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A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more

Fenwick & West LLP

FTC Wants to Ban AI-Powered Impersonation

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On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more

Ballard Spahr LLP

Democratic Senators continue to pressure Zelle and other payment apps to change fraud policies

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On February 15, 2024, Senators Sherrod Brown (D-OH), Jack Reed (D-RI) and Elizabeth Warren (D-MA) sent a letter to Zelle seeking clarification of its reimbursement policy for victims of imposter scams and urging Zelle to...more

Cozen O'Connor

Credit Card Surcharging Regulatory Changes Create Both Risks and Opportunities for Businesses

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Credit card surcharging has increasingly gained the attention of consumers, businesses, and regulators over the past few years, and for good reason. As inflation continues to squeeze businesses and consumers alike, many...more

Troutman Pepper

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

Cozen O'Connor

New Jersey Privacy Law

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On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to...more

Cozen O'Connor

Fed Up with Fees, AG Mayes Settles with Cox Communications for $13 Million

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Arizona AG Kris Mayes settled with Cox Communications Inc. and affiliated entities to resolve allegations that the telecommunications company violated the Arizona Consumer Fraud Act by failing to adequately disclose price...more

MG+M The Law Firm

Attorney General Issues New Regulations for Home Improvement Contracts

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New regulations from the Delaware Attorney General’s Office require contractors to include specific cost, timing and warranty information in all home improvement contracts. Starting November 1, 2023, all contracts for home...more

Troutman Pepper

FTC Issues Report to Congress on the Fraud Threats Faced by Older Consumers

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On October 18, the Federal Trade Commission (FTC) issued a report to Congress in which it outlined its ongoing efforts to protect older Americans from fraud related losses....more

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

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The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more

Sheppard Mullin Richter & Hampton LLP

CFPB Acts Against Fintech Operator of Mobile App for Illegal International Money Transfers

On October 17, the CFPB took action against a nonbank fintech company for allegedly deceiving consumers about the speed and cost of remittance transfers through its mobile app. The Bureau also alleges that the company...more

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