Several consumers filed California state law class actions against Kimberly-Clark in federal district court, alleging that they were misled into believing that Kleenex Germ Removal wet wipes contained germicides, not just soaps. The district court dismissed the non-California plaintiffs’ claims for lack of personal jurisdiction, and dismissed the remaining claims with prejudice on the grounds that […]
Author Archives: Adam Pulver
From the Third Circuit’s opinion today: J.P. Ward & Associates is a debt-defense law firm that handles many [FDCPA] §1692e(8) claims. To “scal[e]” up its practice and get more fees, named partner Joshua Ward and lawyer Travis Gordon hatched a scheme. If a client approached the firm to dispute a debt, the firm would get […]
The Restore Online Shoppers’ Confidence Act, or ROSCA, restricts the use of “negative option features”–defined as “an offer or agreement to sell or provide any goods or services, a provision under which the customer’s silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by […]
Yesterday, the Second Circuit decided Upsolve v. James, an appeal that had different advocates for low-income consumers taking opposing positions. The case was brought by Upsolve, a nonprofit that seeks to provide free legal advice to New Yorkers facing debt-collection actions in state court via a cadre of specially trained, non-lawyer “Justice Advocates.” The problem is […]
Last week, the Trump Administration finally got around to posting its Spring 2025 semiregulatory agenda. Among the notable consumer-related items, the Department of Transportation intends to withdraw an Advanced Notice of Proposed Rulemaking issued by the last administration that was considering regulations relating to compensation, rebooking, and accommodations for delays and cancellations that were within […]
Many commercial websites have adopted the use of “session-replay” technology, by which embedded code on a website records the visitor’s communications within that website, including their mouse movements, clicks, keystrokes, and pages visited. Businesses can then use this information in deciding how and whether to tweak their websites, and gain other consumer data. In Popa v. […]
In 2024, various telecom industry associations sued the FCC in the Sixth Circuit, challenging an order that imposed reporting requirements in the event of data breaches involving consumers’ personally identifiable information. Last week, the Sixth Circuit rejected those challenges. First, it held that the order was within the scope of the FCC’s authority under the […]
Last Monday, the California Supreme Court issued its decision in Hohenshelt v. Superior Court of Los Angeles County, and held that California Code of Civil Procedure section 1281.98, a provision of the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations, is not preempted by the Federal Arbitration Act. That provision […]
When do investments by outsiders turn a tribal business into one that does not share in the tribe’s sovereign immunity? In a case decided today, the Third Circuit attempted to answer that question. The Fort Belknap Indian Community, a Montana-based Indian tribe, created a corporation called the Island Mountain Development Group, which manages another tribe-created […]
The National Credit Union Administration has promulgated regulations regarding the applicability of state laws to federal credit unions, including 12 C.F.R. s. 701.35(c), which, after setting out how a federal credit union may may determine the types of fees affecting the maintenance of its accounts, provides: “State laws regulating such activities are not applicable to […]