Searching Content indexed under Consumer Protection by Blank Rome LLP ordered by Published Date Descending.
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Issues Arising From Drones On College Campuses: Are You Prepared?
Colleges and universities must give careful consideration as to how drones are being used, regulated, and/or restricted, so as not to run afoul of federal, state, and local laws and regulations.
United States
30 Dec 2015
U.S. Third Circuit Court Of Appeals Broadens Standing Under The Telephone Consumer Protection Act
In Mark Leyse v. Bank of America, N.A., (3rd Cir. No. 14-4073), decided on October 14, 2015, the United States Court of Appeals for the Third Circuit vacated a ruling by the District Court of New Jersey...
United States
26 Oct 2015
Standing After Neale: Third Circuit Clarifies Jurisdictional Standing And Predominance Analysis In Consumer Class Actions
The Court of Appeals for the Third Circuit addresses federal jurisdiction, Article III standing, and scrutiny of class certification motions in the putative consumer fraud class action lawsuit against Volvo.
United States
3 Aug 2015
Third Circuit Clarifies FDCPA Restrictions On Third-Party Communications
Under the FDCPA, a debt collector is liable to a consumer for contacting third parties in pursuit of that consumer's debt unless the communication falls under a statutory exception.
United States
17 Jul 2015
New York City Law Restricts Employers' Use Of Employee Or Applicant Consumer Credit Checks
New York City Mayor Bill de Blasio recently signed into law Int. No. 261-A, which prohibits employment discrimination based on an applicant's or employee's consumer credit history.
United States
13 May 2015
New York Adopts More Stringent Debt Collection
In advance of the 2015 effective dates, debt collectors that operate in New York should review their current policies and take necessary steps to comply with new state regulations that provide consumer protections beyond the Fair Debt Collection Practices Act.
United States
26 Jan 2015
Ninth Circuit Holds That Putative TCPA Class Action Is Not Subject To Arbitration Clause In Shrinkwrap Contract
Companies utilizing "shrinkwrap" contracts within product packaging or in "Welcome Kits" should take steps to conspicuously disclose the terms of such agreements.
United States
18 Dec 2014
Third Circuit Holds That Envelope Revealing Consumerís Account Number Violates The FDCPA
In light of this decision, entities collecting consumer debt should avoid the use of account numbers and/or QR codes on envelopes or within the viewing area of clear plastic envelope windows.
United States
21 Oct 2014
"Totality Of The Circumstances" Standard Used To Sanction Mortgagee For Lack Of "Good Faith" Negotiation In Foreclosure Matter
New York's Appellate Division ruled that a mortgagee's conduct in evaluating a borrower's loan modification application should be judged using the "totality of the circumstances" standard.
United States
29 Sep 2014
Third Circuit Holds Debtors Need Not Dispute Debt Before Filing Suit Under FDCPA
In McLaughlin v. Phelan Hallinan & Schmeig, LLP, the Third Circuit held that debtors are not required to notify a debt collector in writing regarding a disputed debt.
United States
29 Jul 2014
Target Data Breach Suit By Banks Extends To Security Vendor
December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Targetís CEO Gregg Steinhafel took pains to assure consumers "they will not be held financially responsible for any credit or debit card fraud."
United States
16 Apr 2014
Sixth Circuit Limits Scope Of Servicer Liability Under TILA And Expands Scope Of Pleading Damages Under RESPA
On November 26, 2013, in "Marais v. Chase Home Finance LLC", the U.S. Court of Appeals for the Sixth Circuit issued two key findings.
United States
30 Dec 2013
What CLO Managers Should Know About U.S. Credit Risk Retention Rules
As we described in a previous article, "U.S. Regulatory Update Ė Credit Risk Retention for CLOs," published on September 10, 2013, six federal agencies are seeking public comments on a re-proposed rule to implement the credit risk retention requirements under the Dodd-Frank Act.
United States
4 Oct 2013
Third Circuit Holds That State-Law Based Food Mislabeling Claims Are Preempted
Over the past several years, the body of case law concerning the labeling, marketing, and advertising of food and beverages has steadily grown.
United States
10 Jul 2013
Food Mislabeling Litigation And The Success Of Preemption And First Amendment Defenses
A discussion on the reasons for the increase in the amount of litigation involving the labeling, marketing and advertising of food and beverages.
United States
6 Mar 2013
Sherzer v. Homestar Mortgage Services - Third Circuit Holds Letter Notice Satisfies Tila Statute Of Limitations
In a recent decision, the Third Circuit held that that a borrower seeking rescission may satisfy the Truth In Lending Act three-year statute of limitations merely by submitting a written notice, in the form of a simple letter, to the lender.
United States
18 Feb 2013
Say What? Smaller Reporting Companies Subject To Say-On-Pay In 2013
Smaller reporting companies are subject to say-on-pay and say-on- frequency votes for the first time this year.
United States
31 Jan 2013
Federal Court Versus State Court: Which Restatement Of The Law Of Torts Applies In Pennsylvania?
The Third Circuit Court of Appeals has once again affirmed that federal courts sitting in diversity and applying Pennsylvania law to product liability cases should look to Sections 1 and 2 of the Restatement (Third) of Torts, not the standards set forth in Section 402A of the Restatement (Second) of Torts.
United States
13 Nov 2012
Too Big To Exist And Conflict Minerals
Congress introduced bills in reaction to the financial crisis, such as the Dodd-Frank Act.
United States
11 Jun 2012
"Fair Share" Civil Liability-The New Law In Pennsylvania
If you have ever dreaded defending a negligence case in Pennsylvania because joint and several liability could expose you to liability for an entire verdict even if found one percent negligent, then you will welcome this news: Governor Corbett has signed legislation into law that now alters the mechanics of civil liability in negligence and strict liability actions for injury to person or property in Pennsylvania.
United States
28 Jul 2011
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