News & Analysis as of

Unfair or Deceptive Trade Practices Damages

Cozen O'Connor

Home Rental Company to Pay $48 Million Over Alleged Deceptive Practices

Cozen O'Connor on

The FTC settled with Invitation Homes Inc. to resolve allegations that its home rental service practices violated the FTC Act and the Gramm-Leach-Bliley Act (GLB Act). ...more

Shipman & Goodwin LLP

Unfairness, Identity Theft, and Treble Damages After FCW Law Offices

Shipman & Goodwin LLP on

Earlier this month, the Connecticut Appellate Court clarified the law regarding the interaction of enhanced damages available under different statutes. In Frank Charles White v. FCW Law Offices, the court held that, although...more

Cozen O'Connor

Utah AG Secures $42.5 Million Judgment in Real Estate Investment Fraud Case

Cozen O'Connor on

Utah AG Sean Reyes has secured a $42.5 million judgment against Real Estate Workshop and associated individuals and entities (collectively, “REW”) for their involvement in an alleged real estate investment fraud scheme that...more

McGlinchey Stafford

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

McGlinchey Stafford on

On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

BakerHostetler

What’s the Damage? - The FTC Cracks Down on False Promises of PPP Loans

BakerHostetler on

Note: The March 25 version of this article has been updated. The other day, the FTC announced settlements with two different companies that allegedly made false promises to small businesses that their companies could help...more

Foley & Lardner LLP

Motion to Strike Damages Expert Leads to Denial of Class Certification

Foley & Lardner LLP on

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

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

BakerHostetler on

Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

Snell & Wilmer

Colorado Homebuilders May Face Increased Claims Under the Colorado Consumer Protection Act - New Legislation Seeks to Eliminate...

Snell & Wilmer on

A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in...more

McGlinchey Stafford

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

McGlinchey Stafford on

Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Conn Kavanaugh

Recent Federal and State Decisions Clarify Business Litigation under Chapter 93A

Conn Kavanaugh on

Here is a breakdown on how new Federal and State decisions clarify Massachusetts Chapter 93A Unfair and Deceptive Trade Practices Law in Business-to-Business Disputes - A flurry of judicial decisions in spring 2023 has...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Seyfarth Shaw LLP

An Uh-Oh for Ex-Cell-O: Will We See the Return of Financial Penalties?

Seyfarth Shaw LLP on

It’s no secret that one of National Labor Relations Board General Counsel Jennifer Abruzzo’s primary priorities is to broaden the damages available to an aggrieved party. Indeed, as we’ve previously discussed here, last...more

McDermott Will & Emery

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Fox Rothschild LLP

Business Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court Loss

Fox Rothschild LLP on

Facing a $12.8 million judgment, a plaintiff sought recourse in a legal malpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the Business Court’s focus on whether he...more

Burns & Levinson LLP

Can You Contract Away Chapter 93A Liability?

Burns & Levinson LLP on

Massachusetts General Laws Chapter 93A is one of the most potent weapons in any business litigator’s arsenal. That statute prohibits deceptive or unfair acts or practices in the course of trade or commerce, and it allows for...more

Houston Harbaugh, P.C.

First State Supreme Court Decision Holds No Business Interruption Coverage for Covid Shutdowns

Houston Harbaugh, P.C. on

On April 21, 2022, the Massachusetts Supreme Judicial Court affirmed the trial court’s decision that several restaurants were not entitled to business interruption coverage for losses resulting from shutdown orders issued by...more

ArentFox Schiff

Massachusetts Court Holds Limitations of Liability Clauses Will Not Immunize Parties for Willful Violations of Unfair Trade...

ArentFox Schiff on

In a case of first impression, on January 24, 2022, the Supreme Judicial Court of Massachusetts issued an opinion in H1 Lincoln, Inc. v. South Washington Street LLC holding that "enforcement of a limitation of liability...more

Proskauer - Advertising Law

Court Considers FTC’s Ability to Seek Monetary Relief Post-AMG

Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act.  One quick update there: The...more

Lewitt Hackman

FRANCHISEE 101: Recruitment Reprimand

Lewitt Hackman on

A Massachusetts state court ruled that real estate franchisor, Re/Max of New England (Franchisor), breached its franchise agreements, the implied covenant of good faith and fair dealing and violated Massachusetts’ consumer...more

Williams Mullen

Marketing Practices and Consumer Protection Litigation: Pharma and Firearms - Who’s Next?

Williams Mullen on

State governments are getting creative with consumer protection laws in order to take a crack at industries that traditionally have concerned themselves primarily with industry-specific laws. A Virginia filing by the Attorney...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

Pierce Atwood LLP on

Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Conn Kavanaugh

When Does a Competitive Business Practice Become Actionable under Chapter 93A, § 11?

Conn Kavanaugh on

Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another...more

Proskauer - New Media & Technology

New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer

With summer concerts and music festivals in full swing, many fans will be surprised to find $145 face value tickets reselling online for $3,000 to $11,000....more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

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