Connecticut Tightens Telemarketing Regulations: Protecting Consumer Privacy in the Digital Age

Telemarketing practices in Connecticut are set to undergo a series of changes, as recent amendments to the state’s telemarketing law come into effect from October 1, 2023. As per the amendment, certain definitions have been broadened and tighter restrictions are being placed on telephonic sales calls. The amendments were prompted by robust public discussion about…

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Texas Court Ruling Alters Qualified Payment Amount Regulations in No Surprises Act

In a notable development dated August 24, 2023, the United States District Court for the Eastern District of Texas has passed a ruling which predominantly favors the Texas Medical Association, along with other plaintiffs, which include air ambulance providers. The issued order vacates certain regulations and related guidelines on how the ‘Qualified Payment Amount’ (QPA)…

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Data Breach Lawsuit Reversal Highlights Evolving Legal Landscape in Privacy and Class Certification

In a significant turn of events, the Fourth Circuit has reversed a previous judgment consolidating customer lawsuits resulting from a 2018 data breach suffered by a multinational hotel corporate franchise. The original verdict had permitted a class certification in the high-profile consumer data breach case, but the recent decision throws this ruling into ambiguity, drawing…

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HHS Recommends Reclassifying Cannabis in Controlled Substances Act: A Step Towards Medical Recognition

In an anticipated move that echoes the evolving attitude towards cannabis, the U.S. Department of Health and Human Services (HHS) has advanced a recommendation to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This is a report from Politico and Bloomberg, captured on JD Supra. As per the current…

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Policymakers Prioritize Drug Payment Reforms and Transparency to Alleviate Prescription Cost Burdens

In the escalating quest to address the increasing cost of prescription medications, it appears lawmakers’ spotlights have focused on the end consumer. The rallying call among policymakers has been a combination of measures aimed at simultaneously lowering drug prices while also providing consumers with more options for their out-of-pocket expenses. On this account, an increasing…

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Whirlpool’s $11.5 Million Penalty Spotlights Corporate Responsibility in Consumer Safety

The Consumer Product Safety Commission (CPSC) recently announced that globally-renowned home appliances manufacturer, Whirlpool Corporation, has conceded to pay a hefty $11.5 million civil penalty. This substantial settlement arises from the CPSC’s charges asserting that Whirlpool deliberately did not promptly report, as mandated by law, that 17 models of their electric radiant heat cooktops had…

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Cooper Davis Act: Balancing Drug Control and Privacy Concerns in a Controversial Amendment

The Cooper Davis Act, an amendment proposed to the Controlled Substances Act in the United States, has been a controversial proposal stirring contentious conversations among differing stakeholders including parents, consumer safety advocates, and anti-drug coalitions, as well as the DEA, privacy experts, and constitutional scholars. A recent article details the ongoing disputes and disagreements. The…

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Examining PFAS Presence: How Straw Material Choices Impact Health and Legal Implications

A recent study published by the Food Additives & Contaminants: Part A journal, an affiliated journal of the International Society for Mycotoxicology, may alter how legal professionals and others perceive the use of different types of straws for drinking. The study, titled “Steel Beats Glass and Plastic, All Beat Paper:” investigates the prevalence of Per-…

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Federal Court Delays CFPB’s Small Business Lending Data Rule Amid Constitutional Debate

In an important recent development, a federal court has issued an order imposing an injunction that postpones the compliance dates for the Consumer Financial Protection Bureau’s (CFPB) final rule. This rule governs the collection of small business lending data under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). This…

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New Jersey Enforces Limits and Transparency on Credit Card Surcharges: Implications for Businesses and Consumers

The Garden State has recently taken significant steps towards regulating credit card surcharges. On August 18, 2023, New Jersey Governor Phil Murphy signed into law a notable bill imposing limits on the surcharges merchants may charge their customers for choosing the option of credit card payment for goods or services.JD Supra provides an in-depth analysis…

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BJ’s Wholesale Club Faces Class-Action Lawsuit Over Covert Online Consumer Tracking

BJ’s Wholesale Club, a popular membership-only warehouse club chain operating in the US, has lost a preliminary bid to dismiss a potentially significant class-action lawsuit. The lawsuit, brought forth by Joe Alves, accuses BJ’s of employing a computer code known as Session Replay Code (SRC) to surreptitiously record consumer activity on the company’s website. The…

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Starbucks Cold Brew Ruling: Strengthening “Reasonableness” in Consumer Interpretation of Labeling Instructions

In the realm of legal decisions and court cases of major corporations, the past week has seen a plethora of significant rulings. From consumer misrepresentation cases to broader issues of labeling instructions, decision-makers across geographies are navigating through intricate jurisprudence. Here’s a quick roundup of some of the prime legal pronouncements. One of the key…

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Gaston College Data Breach Exposes Information of 191,000 Individuals

Gaston College, a significant educational institution, has notified approximately 191,000 individuals regarding a data breach that took place in February 2023. After discovering that an unauthorized party had accessed confidential information stored on Gaston College’s IT network, the college filed a notice of data breach with the Attorney General of Maine on August 25, 2023….

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Standard Insurance Suffers Major Data Breach Affecting Over 300,000 Customers

In a disturbing turn of events, late last month, over 300,000 customers of Standard Insurance Company were impacted by a data breach. The breach, centered on the MOVEit data healthcare transfer service, was revealed by Pension Benefit Information, LLC (“PBI”). The extent of information accessed by unauthorized parties is believed to include sensitive details such…

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Counterfeit Crackdown: How the INFORM Consumers Act Battles Fake Goods in E-Commerce

The advent of e-commerce in recent times has been a noteworthy paradigm shift in the business world. However, it has also heightened issues concerning counterfeit goods, with significant implications for both businesses and consumers. From replicas that closely mimic the original product to cheap imitations, counterfeits are proliferating on online platforms, inadvertently causing immense harm….

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Mixed Trends in Consumer Litigation Filings: Navigating a Complex Landscape for Corporate Law Professionals

According to a recent report by WebRecon, there were noticeable fluctuations in U.S. court filings regarding consumer litigation through July. The patterns reflect an upswing in some areas and a reduction in others, providing a complex landscape for corporate law professionals to navigate. In July, numbers indicated a slight uptick in court filings under the…

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PBI Security Breach Exposes CNA Customers’ Sensitive Data Due to MOVEit Vulnerability

Pension Benefit Information, LLC (PBI) has recently disclosed a security breach resulting from a MOVEit vulnerability—a technology that offers secure and managed file transfers. According to a formal notice submitted to the Attorney General of Maine, this incident has impacted customers of Continental Casualty Company (CNA), with unauthorized access to sensitive consumer data being executed….

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FTC Expands Regulatory Focus: Amplifiers Rule Highlights Commitment to Consumer Protection

In August 2023, the Federal Trade Commission (FTC) focused its regulatory efforts on a less high-profile, yet relevant topic, issuing one Notice of Proposed Rulemaking on Power Output Claims for Amplifiers Used in Home Entertainment Products. According to the rulemaking notice, the Proposed Rule is primarily aimed at a specific industry. Yet, its issuance serves…

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Implications of CFPB’s Section 1071 Final Rule: Exploring New Small Business Lending Data Regulations

As we traverse the labyrinth of legal regulation updates, it is essential to keep up with new mandates. One such significant update arrived in the form of the Consumer Financial Protection Bureau’s (CFPB) new small business lending data collection and reporting rule—Section 1071 Final Rule. Legal professionals worldwide, especially those working within large corporations and…

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