Is Rite Aid Immune from TCPA Liability?

June 8, 2016 Rite Aid HDQTRS. Corp. (“Rite Aid”) has recently sought summary dismissal of a putative class action lawsuit pending in the Southern District Court of New York alleging violations of the Telephone Consumer Protection Act (“TCPA”).   Rite Aid’s exposure to TCPA liability stems from its use of prerecorded phone calls to certain pharmacy

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Jury: Utah Man Committed 117 Million Telemarketing Sales Rule Violations

June 7, 2016 On May 25, 2016, a federal jury in Utah reached a monumental verdict against an individual and three of his companies, finding that the Defendants committed over 117 million violations of the Telemarketing Sales Rule. How much could the federal government impose in civil penalties?

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CFPB Proposes New Payday Lending Rules

June 3, 2016 On June 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) released a statement regarding proposed new rules aimed at the payday lending industry.  The proposed rules seek to protect consumers from what the CFPB refers to as “payday debt traps” and may impose stricter requirements on such payday lenders.  The CFPB is

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FTC Sues Student Loan Debt Relief Organizations

May 26, 2016 Last month, the Federal Trade Commission (“FTC”) and the State of Florida commenced an action against Consumer Assistance, LLC, Consumer Assistance Project Corp., Palermo Global, LLC and the principal of all 3 organizations, Chastity Valdes (collectively, the “Defendants”).  The Defendants are alleged to have falsely promised to assist consumers in obtaining relief

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FTC Settles Mosquito Shield Band False Advertising Litigation

May 25, 2016 On Tuesday, the Federal Trade Commission (“FTC”) announced its settlement with Viatek Consumer Products Group Inc. (“Viatek”) and its principal Lou Lentine (“Lentine”) concerning claims that their “Mosquito Shield” wristband prevents wearers from being bitten by mosquitos.  The FTC commenced litigation against Viatek and Lentine in February, 2015.  After a failed motion

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New World Order for E-Cigs

May 23, 2016 This month, the Food and Drug Administration (“FDA”) released a highly anticipated rule chiefly aimed at bringing e-cigs and other nicotine vaporizing technology products within its regulatory purview.  For years, the e-cig industry has been allowed to grow and flourish within a legal grey zone as a non-tobacco product.  Under intense pressure

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