• 10.16.19

    Lawmakers Urge Rulemaking to Overturn Madden

    In Madden v. Midland Funding, LLC, the Second Circuit refused to rule that the National Bank Act (NBA) pre-empted state law usury claims against an assignee of a national bank.

  • 10.16.19

    BSA/AML News: FinCEN Remarks, New Bill

    In Bank Secrecy Act and anti-money laundering (BSA/AML) news, a bipartisan group of lawmakers introduced a bill aimed at updating AML laws that would require companies to disclose their true owners at the time of incorporation.

  • 10.16.19

    CFPB News: Self-Inflicted Wounds on Constitutionality and Other Developments

    Is the CFPB putting its own prior conduct at risk? Over the last few weeks at the Consumer Financial Protection Bureau (CFPB or Bureau), Director Kathleen Kraninger herself declared the structure of the CFPB unconstitutional, placing the director in a position arguably adverse to her own ...

  • 10.16.19

    Bank (Finally) Gets Plaintiffs’ Claims Sent to Individual Arbitration

    A major national bank won a motion to dismiss in a multidistrict litigation challenging its overdraft fee practices, sending the individual plaintiffs’ disputes to arbitration pursuant to customer account or deposit agreements.

  • 10.16.19

    Limited Prohibition on ‘No Rehire’ Clauses

    California Governor Gavin Newsom has signed legislation that prohibits “no rehire” clauses in settlement agreements effective January 1, 2020.

  • 10.15.19

    EU’s Highest Court Crumbles Cookie Consent Via Pre-Checked Box

    In the latest General Data Protection Regulation GDPR news the European Union EU Court of Justice ruled that companies cannot use prechecked boxes to obtain consumer consent to be tracked with cookies and must instead obtain consent by a consumer’s active behavior

  • 10.15.19

    Individual Issues Predominate, Eliminating Class in Song-Beverly Suit

    A California appellate panel affirmed the decertification of a class of consumers in a Song Beverly Credit Card Act lawsuit challenging Williams Sonomas collection of zip codes and email addresses during credit card sales  

  • 10.15.19

    ERSP Recommends Certificate Program Claims Be Modified, Discontinued

    Claims made in online and print advertising for a real estate and tax lien certificate investing program should be modified or discontinued the Electronic Retailing Self Regulation Program ERSP recently recommended  

  • 10.11.19

    Retail and Consumer Products Law Roundup October 2019

    In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act, the Supreme Court has instead chosen to punt.

  • 10.11.19

    Supreme Court Declines to Weigh In on Website Accessibility

    In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act, the Supreme Court has instead chosen to punt.