Consumer Protection & Privacy

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Federal Judge Refuses To Remand Consumer Protect Act Suit From MDL
Posted on 29 May 2012 by Mealeys

SAN DIEGO - In a multidistrict litigation in which a debt recovery firm is alleged to have violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227 by making unauthorized phone calls to collect credit card debt, a federal judge in... Read More

Texas Federal Judge Rejects Motion To Dismiss TCPA Class Suit
Posted on 17 Sep 2012 by Mealeys

HOUSTON - A Texas federal judge on Sept. 13 denied a motion to dismiss a class suit brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227 , opining that when a district court has federal question jurisdiction over the claims... Read More

California Juror Ordered To Release Facebook Posts For Court's Review
Posted on 1 Jun 2012 by Mealeys

SACRAMENTO, Calif. - Stored Communications Act (SCA), 18 U.S.C.S. § 2701 , does not apply to a juror's Facebook postings, a California appeals panel majority ruled May 31, also finding that the juror failed to establish any expectation of privacy... Read More

Judge: Claims Properly Pleaded In Telephone Collection Practices Act Suit
Posted on 10 Dec 2012 by Mealeys

FORT LAUDERDALE, Fla. - Dismissal of a consumer's complaint against his creditor and a debt collector working on behalf of the creditor for alleged violations of the Telephone Consumer Protection Act (TCPA) is not proper pursuant to the "language... Read More

Colorado High Court Orders Lower Court To Address Privacy In Discovery Ruling
Posted on 17 Apr 2013 by Mealeys

DENVER - The Colorado Supreme Court on April 15 vacated a ruling requiring a defendant in a misappropriation of trade secrets case to turn over his personal computers, smart phones and three years' worth of phone records, after finding that the trial... Read More

5th Circuit Affirms Bank's Summary Judgment Award In Foreclosure Action
Posted on 30 Jul 2012 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 27 affirmed an award of summary judgment to U.S. Bank N.A. in a Texas woman's foreclosure action after finding that a federal judge did not err in ruling that there were no irregularities... Read More

New Hampshire Supreme Court Vacates Light Cigarette Class
Posted on 22 Aug 2012 by Mealeys

CONCORD, N.H. - Saying sufficient public information existed to call into question whether plaintiffs were uniformly unaware that light cigarettes were as dangerous as regular ones, the New Hampshire Supreme Court on Aug. 21 vacated certification of a... Read More

ACLU Sues DOJ, DHS For Information About Automatic License Plate Readers Use
Posted on 27 Sep 2012 by Mealeys

BOSTON - Citing "the prospect of pervasive and prolonged surveillance of innocent Americans' movements" and "a serious threat to Americans' privacy," the American Civil Liberties Union (ACLU) on Sept. 25 filed a complaint for... Read More

Department Of Homeland Security Properly Withheld Documents, Judge Rules
Posted on 18 Sep 2012 by Mealeys

WASHINGTON, D.C. - A federal judge awarded summary judgment to the U.S. government in a Freedom of Information Act (FOIA), 5 U.S.C.S. § 552 ,suit after finding that the Department of Homeland Security (DHS) properly withheld documents concerning... Read More

Light Cigarette Class Vacated by New Hampshire Supreme Court
Posted on 22 Aug 2012 by Mealeys

CONCORD, N.H. - Saying sufficient public information existed to call into question whether plaintiffs were uniformly unaware that light cigarettes were as dangerous as regular ones, the New Hampshire Supreme Court yesterday vacated certification of a... Read More

Panel Partly Reverses Ruling In Coverage Dispute Prompted By Defective Contacts
Posted on 5 Mar 2013 by Mealeys

DETROIT - A Michigan appeals panel on Feb. 28 affirmed a lower court's ruling that a commercial insurer has a duty to defend and indemnify its dollar-store insured against products liability and negligence claims but held that the lower court erred... Read More

Maryland Federal Judge: Settlement Offer Does Not Moot Unsolicited Fax Complaint
Posted on 31 Jul 2012 by Mealeys

GREENBELT, Md. - A Maryland federal judge on July 30 denied a motion to dismiss and a motion to stay a proposed class complaint accusing Jackson Therapy Partners LLC of sending unsolicited fax advertisements in violation of the Telephone Consumer Protection... Read More

Shareholder Failed To State Claims In Say-On-Pay Suit, Federal Judge Rules
Posted on 5 Apr 2013 by Mealeys

CHICAGO - A company's board of directors did not breach its fiduciary duty by failing to disclose certain information under the Dodd-Frank Wall Street Reform and Consumer Protection Act prior to conducting an executive "say on pay" vote... Read More

4th Circuit: Absolute Priority Rule Applies In Chapter 11 Despite BAPCPA
Posted on 15 Jun 2012 by Mealeys

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on June 14 ruled that the absolute priority rule in a Chapter 11 bankruptcy still applies despite the amendments to the Bankruptcy Code codified in the Bankruptcy Abuse Prevention and... Read More

Federal Judge Compels Arbitration In Telephone Consumer Protection Act Suit
Posted on 7 Nov 2012 by Mealeys

SAN DIEGO - A federal judge in California on Nov. 5 ordered arbitration in a putative class action in which a consumer alleged that companies violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227, by auto-dialing consumers'... Read More

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