Consumer Protection Review
Consumer Protection Review
Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. Subscribe 🡢
J.C. Penney Loses Bid to Compel Arbitration in Class Action Stemming from an In-Store Transaction
Because pricing discount and sales class actions are likely to continue and retailers, especially brick-and-mortar ones, may have difficulty enforcing arbitration agreements and class action waivers, companies will want to not only check the ways in which they draft and enforce arbitration agreements, but carefully monitor compliance with pricing laws.
California Federal Court Rescinds Order Compelling Arbitration in Consumer Class Action Because Arbitration Agreement Prohibited Public Injunctive Relief
Arbitration Poison Pill Spells Doom for AT&T's Arbitration Hopes
Takeaways:
Is SCOTUS Going to Tackle Cy Pres Awards in Class Action Settlements?
Cy pres remedies … are a growing feature of class action settlements. … In a suitable case, this Court may need to clarify the limits of the use of such remedies." Marek v. Lane, 134 S. Ct. 8, 9 (2013) (Roberts, C.J., respecting denial of certiorari).
Agency Beware: False Advertising Liability Applies to Agencies Too
The Federal Trade Commission (FTC) and the State of Maine recently delivered yet another "gut check" to businesses engaging in weight loss advertising, 