In recent years, home sellers around the country have filed lawsuits against regional multiple listing services and affiliated realtors, generally alleging that by requiring sellers to agree to a single, set offer of compensation to any broker who found a buyer for their home in order to have their listing included (the “Buyer-Broker Commission Rule”), […]
Author Archives: Adam Pulver
The FCC issued a declaratory ruling that recognizes calls made with AI-generated voices fall under the TCPA’s restrictions on “artificial or prerecorded voice” calls. The declaratory ruling and accompanying statements are available here.
Last summer, the San Francisco City Attorney announced he was investigating former magazine U.S. News and World Report over its hospital rankings, noting “Consumers use these rankings to make consequential health care decisions, and yet there is little understanding that the rankings are fraught and that U.S. News has financial relationships with the hospitals it […]
As previously discussed on the blog, corporate defendants have in several cases refused to comply with AAA’s rules regarding payment when customers invoke their contractual rights and file arbitration demands en masse. Reacting to the complaints of corporate defendants, AAA has now altered its mass arbitration rules to, among other things, drastically reduce the fees […]
The FTC brought an administrative complaint against Intuit based on its nationwide, multichannel advertising campaigns promoting its TurboTax tax preparation service as “free,” when in reality, two-thirds of taxpayers were ineligible for its “free” product. Yesterday, the FTC made public a unanimous opinion affirming an ALJ’s cease-and-desist order and conclusion that the claims were false […]
An interview with Travelers United’s lawyer, explaining their legal theories and the kinds of fees they are challenging under DC consumer protection law, is available here.
The TCPA prohibits “send[ing], to a telephone facsimile machine, an unsolicited advertisement.” 47 U.S.C. s. 227(b)(1)(c). After receiving such an unsolicited advertisement on its fax machine from AmeriFactors Financial Group, plaintiff Career Counseling, Inc. brought a putative class action in South Carolina. While that litigation was pending, AmeriFactors obtained a declaratory ruling from the FCC, […]
In 2023, a New York district court dismissed three consolidated class actions against Beech-Nut, a baby food manufacturer, alleging that its baby food products contained elevated levels of certain toxic metals. The district court had agreed with Beech-Nut that it should abstain from addressing the plaintiffs’ claims, instead deferring to the FDA under the doctrine […]
In 1979, the New Jersey Legislature added Chapter 347 to the state’s Consumer Frauds Act. That chapter contained a provision expanding what constitutes an “unlawful practice” to include misrepresentations of the identity of food, and also created a refund remedy–specifying that “[a]ny person violating the provisions of the within act shall be liable for a […]
In a 113-page opinion just issued, a Massachusetts federal judge has blocked the merger of JetBlue and Spirit Airlines, finding that the merger would create harm to consumers. An appeal is likely, but this is a major win for the DOJ Antitrust Division, and likely for consumers as well, as JetBlue had more or less […]