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.

New TCPA Ruling Holds an Autodialer Must Have the Capacity to Generate Numbers Randomly or Sequentially
In the wake of the D.C.

New Accessibility Requirements in Effect for Video Game Software
As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).

Supreme Court’s Denial of Spirit Airline’s Petition for Review Leaves Uncertainty about Whether Court or Arbitrator Determines Whether Class Arbitration Is Available
The U.S. Supreme Court denied a petition for writ of certiorari filed by Spirit Airlines Inc. in Spirit Airlines Inc. v.

Proactive Self-Regulatory Council for the Direct Selling Industry Launches in January
Last month, the Direct Selling Association (DSA) launched the Direct Selling Self-Regulatory Council (DS-SRC), a new enforcement agency charged with policing the direct selling industry.

Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA Suits
The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v.

Updates to Massachusetts Data Security Requirements
New changes to the Massachusetts data breach notification statute emphasize timely and public disclosure of data security incidents, including requiring companies to disclose compliance with Massachusetts' data security law.

Google Defeats Biometric Privacy Lawsuit on Article III Standing Grounds
On December 29, 2018, Google won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

Ninth Circuit Interprets Automatic Telephone Dialing System under TCPA, Leaving Circuit Split
The Ninth Circuit recently denied a motion for rehearing en banc in Marks v.

Happy Holidays and a Look Ahead
It's been a busy year in consumer protection law and during this holiday season, we're taking stock of the past year and looking ahead to what's next.
Understanding California’s New Consumer Privacy Law
In July, the California legislature approved a new consumer privacy law that represents one of the most significant pieces of privacy legislation ever passed in the United States.

Christine S. Wilson Sworn in at FTC, Completing New Slate of FTC Commissioners
On September 26, 2018, Christine S. Wilson was sworn in as a Commissioner at the Federal Trade Commission into the seat previously held by Maureen Ohlhausen.

Rise of “Natural” Pet Food Claims
As consumers shift towards "organic," "natural," and "clean" foods for themselves and their families, they are also making similar purchasing decisions when it comes to pet food.

Court Rules Restaurant Should Have Affirmatively Offered Assistance to a Customer Who Is Visually-Impaired
A customer who is blind has sued Five Guys Enterprises in the Southern District of California, claiming that he could not access the Freestyle Coca-Cola soda machine in a Five Guys restaurant.

Made in USA: The FTC Moves Against Two More Retailers
Key Takeaway:

Made In USA: Increasing Challenges to False or Misleading U.S.-Origin Claims (Repost)

Consumers notice and are more likely to buy products that are marketed as Made in USA, but companies face significant legal risk, negative publicity, and decades of government oversight if they overstate the extent to which their products are made in the United State