February 2018

As part of its systematic review of all current rules and guides, the Federal Trade Commission recently announced a revised regulatory review schedule for 2018.  For 2018, the FTC intends to initiate reviews of, and solicit public comments on, the following topics:

  • Guides for the Nursery Industry, 16 CFR Part 18;
  • Test Procedures and

In the last few years, the right to privacy has been hotly debated in the United States. What critics do not understand or appreciate is that the next technological paradigm is completely dependent on improvements both to the quality and quantity of data.

As connected things (IoT) explode in popularity, they make things such as

On February 21, the Ninth Circuit affirmed a district court’s dismissal of an action brought under the Fair and Accurate Credit Transactions Act (“FACTA”), finding that the plaintiff had not demonstrated Article III standing.  Plaintiff Steven Bassett alleged that ABM Parking Services and its affiliated businesses repeatedly printed the expiration date of his credit card

On January 31, a New Jersey District Court judge found that including a toll-free telephone number in an initial validation letter sent by a collection agency did not violate the Fair Debt Collection Practices Act (“FDCPA”) and therefore granted a debt collector’s Rule 12(c) motion to dismiss.

In Riccio v. Sentry Credit, consumer plaintiff

The Seventh Circuit recently heard argument in Robertson v. Allied Solutions LLC after the U.S. District Court for the Southern District of Indiana dismissed a class action while the plaintiff’s motion for preliminary approval of class settlement was pending.  Although the motion was pending, the district court dismissed the case against Allied Solutions in light

In Culberson v. Walt Disney Parks and Resorts, the Culbersons brought a class action lawsuit against Disney under the Fair Credit Reporting Act (“FCRA”).  The suit alleges that Disney violated the FCRA by obtaining a background report without providing a proper disclosure and by taking adverse action without following a proper adverse action process. 

A state court in Arizona returned a $1.85 million verdict against two related rental car companies, resolving a consumer fraud suit raised by the Arizona Attorney General’s Office.  The A.G.’s Office originally filed suit against Phoenix Car Rental, Saban’s Rent-A-Car, and the companies’ owner, Dennis N. Saban, in 2014, alleging violation of the Arizona Consumer

On February 7, the Washington State House of Representatives approved a bill that would “ban the box” and prohibit requests about past criminal history in initial employment applications. According to The Spokesman-Review, the bill, dubbed the “Fair Chance Act,” passed on a mostly partisan vote after supporters said it was important to give people

On February 1, the city council of Kansas City, Missouri passed a “ban the box” ordinance which prohibits nearly all Kansas City employers from inquiring into an applicant’s criminal history until after the applicant has been interviewed.  The ordinance – titled “Criminal Records in Employment” and effective June 9, 2018 – applies to those with

A district judge in the Southern District of Florida recently dismissed a FACTA class action on Spokeo grounds even though he had previously approved a near-$600,000 settlement in the same case.  In 2016, lead plaintiff Eric Kirchein filed suit against Pet Supermarket, Inc, contending that the retailer violated the Fair and Accurate Credit Transactions Act