In press releases yesterday, here and here, the Federal Trade Commission and the Consumer Financial Protection Bureau announced that they are teaming up to fight deceptive mortgage advertising. The FTC sent warning letters to 20 real estate agents, home builders, and lead generators, urging them to review their advertisements for compliance with the Mortgage Acts […]
Author Archives: Allison Zieve
AdWeek has an article this morning about the more aggressive pursuit by the Federal Trade Commission's Bureau of Consumer Protection of large companies engaged in deceptive advertising. The article focuses on the Bureau's leadership under David Vladeck, who after more than three years as the Bureau's director will soon return to Georgetown Law School. As […]
The Federal Trade Commission announced this morning that it has settled two cases concerning improper use of consumer credit information. The first settlement resolves FTC allegations that the consumer reporting company Equifax Information Services violated the FTC Act and the Fair Credit Reporting Act by selling lists of consumers who were late on their mortgage […]
In July, the Ninth Circuit Court of Appeals held in Kilgore v. Key Bank that, in light of AT&T Mobility v. Concepcion, California law holding that claims for public injunctive relief are not subject to mandatory arbitration is preempted by the Federal Arbitration Act. The court held that the California rule does not survive Concepcion […]
Another company reacts to AT&T v. Concepcion. A Forbes article yesterday notes that Microsoft is now including forced arbitration and class-action bans in its customer agreements. The article explains: Recently, [Microsoft] made changes to the Services Agreement governing Hotmail, SkyDrive, Bing, Windows Live Messenger and other online services. The key provision in the Agreement requires […]
In July, we wrote about the Ninth Circuit's rejection of a settlement of claims that Kellogg's had misrepresented that kids could improve their attentiveness in school by nearly 20 percent by eating Frosted Mini Wheats for breakfast. The court held that the cy pres was not properly related to the claims and the class, and […]
Today, the Supreme Court granted a petition that asks whether the named plaintiff in a class action filed in state court can prevent removal of the case to federal court under the Class Action Fairness Act of 2005 (CAFA) by filing with the complaint a “stipulation” that states that the class will not damages of […]