Lawyers USA Online » consumer protection

Court nixes $1.5M fee award in coupon-based class settlement

Pat Murphy — Fri, 17 May 2013 18:36:24 +0000

A $1.5 million award of attorney fees in a coupon-based settlement of a consumer class action violated the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing judgment.

The plaintiffs filed three putative class actions in California federal court, alleging that Hewlett-Packard engaged in
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Lawmakers renew bid to ban mandatory arbitration

Pat Murphy — Fri, 10 May 2013 17:40:25 +0000

Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers.

The Arbitration Fairness Act of 2013, introduced this month as S. 878, provides
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Land Sales Act disclosures required for condo deal

Pat Murphy — Thu, 09 May 2013 18:10:36 +0000

A single-floor condominium unit in a multistory building was a “lot” subject to the disclosure and reporting requirements of the Interstate Land Sales Full Disclosure Act, the 2nd U.S. Circuit Court of Appeals has ruled in affirming judgment.

The Act generally protects individual buyers who purchase “lots” in large, uncompleted
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$45M settlement overturned in FCRA class action

Pat Murphy — Thu, 25 Apr 2013 16:26:32 +0000

Class representatives and class counsel failed to adequately represent absent class members in reaching a $45 million settlement of claims against the three major credit reporting agencies, the 9th U.S. Circuit Court of Appeals has ruled in reversing judgment.

The plaintiffs are consumers who have been through bankruptcy. In their
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KeyBank could enforce arbitration clause

Pat Murphy — Tue, 16 Apr 2013 19:46:17 +0000

KeyBank could enforce an arbitration clause in its student loan agreements when sued for violating California consumer protection law, the en banc 9th U.S. Circuit Court of Appeals has ruled.

The decision upholds a similar ruling in the case by a three-judge panel. (See “» Continue Reading.

Economic loss rule doesn’t bar consumer fraud claim

Pat Murphy — Fri, 05 Apr 2013 17:14:17 +0000

The economic loss rule does not bar a consumer fraud claim against an automobile dealership that allegedly failed to make ordered repairs to a vehicle, the Arizona Court of Appeals has ruled in reversing a dismissal.

The plaintiff brought his vehicle to the defendant’s dealership for the repair of hail
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Home inspector could limit liability

Pat Murphy — Wed, 03 Apr 2013 17:55:21 +0000

A home inspector could enforce a limitation of liability clause in his service agreement, the South Carolina Supreme Court has ruled in affirming a summary judgment.

In the course of purchasing a home, the plaintiff entered into a contract with the defendant for a home inspection. The contract contained a
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Consumer could sue for emotional distress under FCRA

Pat Murphy — Tue, 02 Apr 2013 17:08:17 +0000

A consumer produced sufficient evidence of emotional injury to proceed with a claim under the Fair Credit Reporting Act, the 10th U.S. Circuit Court of Appeals has ruled in reversing a summary judgment.

The defendant serviced the plaintiff’s home loan. When the plaintiff refinanced his mortgage, the defendant failed to
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FCRA plaintiff failed to show ‘actual’ damages

Pat Murphy — Tue, 02 Apr 2013 17:03:29 +0000

A plaintiff could not pursue a claim under the Fair Credit Reporting Act in the absence of evidence that she suffered actual damages from an allegedly inaccurate criminal background check, the 8th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.

The plaintiff applied for federal housing
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FTC issues new guidelines for online advertising

Sylvia Hsieh — Mon, 01 Apr 2013 18:56:01 +0000

The Federal Trade Commission has updated its guidelines for online advertising disclosures to grapple with some of the new technologies since its last guidance in 2000.

The guidelines are called “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.”

The FTC’s consumer protection blog summarized the key
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