Newsletters

09.28.17

Court Tosses CFPB Suit as Discovery Sanction

A Georgia federal court judge has dismissed a lawsuit filed by the Consumer Financial Protection Bureau (CFPB or Bureau) against four payment processors as a sanction for demonstrating a “blatant disregard” for the court’s instructions.


09.28.17

New From the CFPB: No-Action Letter, Online Aggregator Targeted

In the latest Consumer Financial Protection Bureau news, the Bureau issued its first no-action letter (of any kind), and did so to an online lending platform.


09.28.17

Regulators Repudiate Operation Choke Point at Lawmakers’ Request

Sounding the likely death knell for Operation Choke Point, federal regulators formally repudiated the program after receiving a letter from Republican legislators inviting them to do so.


09.28.17

Surprising Results for U.S. Chamber Statistics on TCPA Cases

During a 17-month period after the Federal Communication Commission’s July 2015 order, the U.S. Chamber Institute for Legal Reform compiled a database of 3,121 Telephone Consumer Protection Act cases filed between Aug. 1, 2015, and Dec. 31, 2016, to examine the trends of TCPA litigation.


09.28.17

Bank Pays $1.5M for Ancillary Products Issues

The Office of the Comptroller of the Currency (OCC) has levied a $1.5 million civil money penalty against a Missouri-based bank for alleged violations of Section 5 of the Federal Trade Commission Act.


09.28.17

Looking Through an IP Lens at Blockchain and Cryptocurrency

With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money” Mayweather, the hype surrounding cryptocurrency—think bitcoin, ethereum and an ever-expanding list of niche altcoins—has gone mainstream.


09.27.17

A Winner for the Defense

Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v. Kohl’s, finding that texting a specific opt-in code after viewing a “call to ...


09.21.17

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall

Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of Employer Information Report (EEO-1) pay data and the battle over the Department of Labor’s (DOL) white collar overtime exemption rule came to an end.


09.21.17

Break Me Off a Piece of That Infringement Lawsuit

Did Nestle’s recent advertising campaign for Kit Kat infringe the intellectual property rights of Atari?


09.21.17

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties.