As Congress’ emboldened majority has sought to lessen the federal government’s regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
In 2017, two congressmen introduced two bills which, if enacted, would expand the scope of federal preemption to include non-bank entities. Introduced by Rep. Patrick McHenry (R-N.C.), the
On November 16, Sen. John Thune (R-S.D.), the current chairman of the Senate Commerce Committee, and Ed Markey (D-Mass.), a member of the committee and the author of the Telephone Consumer Protection Act, unveiled the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”). Among other things, this bill would require carriers to eventually
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America. Its November 13, 2018, certiorari grant means that the Supreme Court should decide whether the Federal Communications Commission (FCC) or the courts will dominate
Remote contracting with customers through the internet is either the current reality or the aspirational goal for many businesses. This article addresses the current state of the law governing a key link to remote contracting — hyperlinks — with the goal of advising how to successfully incorporate by reference separate contract terms using hyperlinks for
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC’s legal interpretation of the Telephone Consumer Protection Act.
The dispute in this case arises from an unsolicited fax transmission received by Carlton & Harris Chiropractic, which offered a free e-book. The company
The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on an arbitration provision and class action waiver conspicuously appearing on the product’s packaging.
In Dye v. Tamko Building Products, Inc., homeowners filed a class action complaint against Tamko, alleging that the company’s
Some merchants prefer their customers to pay for their purchases with cash so they can avoid transaction fees associated with credit card purchases. Transaction fees can be either passed along to the consumer or absorbed by the merchant. To encourage payment in cash, many merchants post prices reflecting increased rates for credit
As America’s check collection system continues to move away from being paper-based, the Federal Reserve Board is updating the liability provisions of Regulation CC to reflect this reality. After receiving comments on its proposed rule from financial institutions, trade associations, clearinghouses, and others, the Board published a final rule that amends Subpart C of Regulation
On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.
Cy pres disbursements, which distribute unclaimed settlement proceeds to certain designated organizations when such funds cannot be feasibly distributed to class members, have been a