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Consumer Protection Review

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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 🡢

Supreme Court

The Ninth Circuit Ratifies California’s McGill Rule: Consumers Cannot Waive Statutory Rights to Seek a Public Injunction via Arbitration Agreement

On June 28, the Ninth Circuit adopted the California Supreme Court's McGill rule in Blair v. Rent-a-Center, Inc., 928 F.3d 819 (9th Cir. 2019). 

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Blue Hour, United States Supreme Court Building, Washington DC, America

U.S. Supreme Court Denies Domino’s Cert Petition Seeking to Challenge Ninth Circuit Decision Regarding Website Accessibility under the ADA

Earlier today, the Supreme Court denied a petition filed by Domino's Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps. 

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Company

Video Game Loot Boxes: FTC Workshop on the Role of Virtual Rewards in Game Play

On August 7, 2019, the Federal Trade Commission convened an all-day workshop to discuss consumer protection issues associated with "loot boxes"—randomized virtual items players can purchase or earn in video games. 

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Retail Consumer Labels

Industry Insights: Putting “Pure” Claims in Context

With increasing attention to lawsuits based on "natural" claims, some litigants have also challenged claims that products were "100% pure." 

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Microphone Meeting

ERSP Reminds Brands to Disclose Connections with Ambassadors

The Federal Trade Commission (FTC) and self-regulatory bodies such as the Electronic Retailing Self-Regulation Program (ERSP) have their attention focused on social media influencers. 

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Cannabis Law (leaf)

Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD

On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).           

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Science Technology Chemicals

A Cosmetic, A Drug, or Both?

Takeaways:

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Modern Building

SCOTUS: Private Entities Operating Forums for Speech Are Not State Actors

Against the background of lawsuits and debate about the role of communications service providers in moderating speech on their platforms, the U.S. Supreme Court has weighed in, affirming that private entities that host forums for speech are not state actors subject to constitutional requirements. 

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Buildings Stores

How California's New Privacy Law Impacts Brick-and-Mortar Businesses

Businesses that market and sell to consumers are heavily focused on navigating federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. 

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Cosmetics

Talc, Asbestos, and FDA Regulation of Cosmetics

Takeaways:

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Housing Real Estate

FTC Enforcement of the CRFA is Underway

On the heels of three FTC consent decrees involving the Consumer Review Fairness Act (CRFA), the FTC has brought two more CRFA-related complaints against home-rental businesses. 

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Supreme Court Outside

Supreme Court Holds Third-Party Defendant Can’t Remove Class Actions Under CAFA

Takeaway: The U.S. Supreme Court ever so slightly trimmed removal rules under the Class Action Fairness Act (CAFA) last week in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471. 

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Illuminated fiber optic cables

I Am Robot: California’s New Law Requires Disclosure of Use of Bots

California's new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), which goes into effect July 1, 2019, may affect businesses that use chatbots to interact with customers online. 

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Cellphone Privacy Security

Nevada Expands Online Privacy Law to Grant Consumers Additional Rights While Excluding Certain Institutions From Compliance

Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data. 

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Flags being waved in front of Capital

Supreme Court Holds That Class Arbitration Cannot Be Inferred from Ambiguous Agreement

The United States Supreme Court recently held that classwide arbitration cannot be inferred from an ambiguous agreement.  

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