Court trims challenge to CPSC guidance and commissioner statements re weighted blankets

Dreamland Baby, a manufacturer and seller of weighted sleep blankets and swaddles, sued the Consumer Product Safety Commission, former CPSC Commissioner Trumka, HHS, and two HHS subagencies based on (1) the CPSC’s “Safe Sleep” guidance, advising against the use of such blankets and swaddles for infants; and (2) statements by HHS and Commissioner Trumka about […]

Amazon to pay $2.5 billion to settle FTC claims re Amazon Prime signups

Last week, I posted about a Western District of Washington decision granting partial summary judgment to the FTC on claims against Amazon relating to the enrollment flow for Amazon Prime subscriptions. A trial began earlier this week on the remaining claims, but, today, the FTC announced a $2.5 billion settlement, including $1.5 billion to be […]

9th Circuit kicks “Germ Removal” wipes class action on amount-in-controversy grounds

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 […]

NY Times: Trump Appointees Roll Back Enforcement of Fair Housing Laws

Here, by Debra Kamin. It sounds very bad. Excerpt: In interviews, half a dozen current and former employees of HUD’s fair housing office said that the Trump political appointees had made it nearly impossible for them to do their jobs, which involve investigating and prosecuting landlords, real estate agents, lenders and others who discriminate based […]

Seth Frotman on uniting consumers, workers, and small businesses

At The Sling. An excerpt: This is a moment for advocates—across labor, consumer, and small business—to come together. To align not just around a shared set of values, but a shared understanding of who holds the power in this economy—and how we’re going to take some of it back for the guy who runs the halal cart, […]

Court upholds sanctions against consumer lawyers who falsified dispute letters

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 […]

District court holds Amazon Prime enrollment flow violates ROSCA

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 […]

FTC, 7 states sue Ticketmaster

The Federal Trade Commission and seven state attorney general offices announced a lawsuit against Ticketmaster.The FTC along with Virginia, Utah, Florida, Tennessee, Nebraska, Illinois and Colorado, sued Ticketmaster for violating the FTC Act and the Better Online Ticket Sales Act, a law created to stop attempts to automate the process of purchasing tickets en masse […]

SEC fine with forced arbitration of investor claims

The Securities and Exchange Commission this week said that it would allow corporations filing registration statements to use predispute arbitration clauses for investor claims. In its policy statement, the SEC said that “the presence of an issuer-investor mandatory arbitration provision will not impact decisions whether to accelerate the effectiveness of a registration statement under the […]