Supreme Court AMG Decision Has No Impact on Contempt Awards, Eleventh Circuit Holds

In 2008, a federal district court, in an action brought under section 13(b) of the FTC Act, issued a permanent injunction against three dietary supplement companies and affiliates, finding that they had engaged in misleading and materially false marketing with respect to certain weight loss supplements. In 2017, the district court granted the FTC’s motion […]

Virginia Again Upgrades Its Anti-SLAPP Law

After years of being a happy haven for outrageous libel tourism, providing a steady source of income for certain lawyers and a source of intimidation for many speakers, Virginia has been slowly upgrading its anti-SLAPP law. The changes may even be applicable to diversity cases pending in federal court. A few years ago, Virginia created […]

FTC and States to ban Roomster from using fake reviews

The Federal Trade Commission will permanently ban Roomster Corp. and its owners from buying or incentivizing consumer reviews as part of a settlement over charges that they bought fake reviews to entice consumers to pay for access to living arrangement listings that they claimed were verified, authentic, and available but often turned out to be […]

CFPB reaches multi-billion dollar settlement with credit repair companies

This week, the Consumer Financial Protection Bureau entered into a proposed settlement with a ring of corporate entities operating some of the largest credit repair brands in the country, including Lexington Law and The agreement follows a court ruling that the companies collected illegal advance fees for credit repair services through telemarketing in violation […]

Massachusetts High Court Upholds State Fiduciary Rule

In 2018, the Fifth Circuit vacated the Department of Labor’s 2016 Fiduciary Rule, which required certain broker-dealers and investment advisers providing investment advice subject to ERISA to act in consumers’ best interests, as opposed to their own.  DOL has indicated it will be proposing a new rule. But in the meantime, states have adopted and […]

Fourth Circuit Holds Validity of Class Waivers Must Be Assessed Pre-Certification

Last week, the Fourth Circuit decided In re Marriott International, Inc. Customer Data Security Breach Litigation, in which it vacated a district court’s class certification order. The district court had granted certification before addressing the merits of Marriott’s argument that the plaintiffs were barred from proceeding as a class under a waiver. While acknowledging “it […]

When can someone who has opted out of arbitration still be forced to arbitrate?

An Uber driver agrees to Uber’s standard form contract, which includes an arbitration clause. The arbitration clause permits drivers to opt out within 30 days, and the driver does so. So the driver can never be forced into arbitration with Uber, right? Wrong. Greg Gauthier recently pointed me to a case from the Eastern District […]

Second Circuit Addresses Impact of Transunion on Risk-Based Standing Precedent

In Bohnak v. Marsh & McLennan Companies, the Second Circuit considered how the Supreme Court’s 2021 decision in TransUnion, LLC v. Ramirez impacted earlier Second Circuit precedent as to how to establish Article III standing in data breach cases. In short, the court held that TransUnion altered its precedent as to whether an injury arising […]

FTC and DOJ send refunds to consumers who lost money to a student-loan debt-relief scheme

The Federal Trade Commission and the Department of Justice are sending a total of more than $9 million in refunds to 22,562 consumers who lost money to Ameritech Financial, a student-loan debt-relief scheme operated by Brandon Frere, who was convicted of criminal charges in connection with the scheme. Details are here.

Ballard Spahr Webinar: The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?

We have been asked to announce the following webinar (I am definitely looking forward to hearing this one): The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?A special webinar roundtable featuring analysis of the oral argument by several renowned attorneys who filed amicus briefs on all sides […]