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Consumer Protection Laws › Statutory Interpretation › Unfair or Deceptive Trade Practices

Orrick, Herrington & Sutcliffe LLP

District court finds written dispute not needed for FDCPA claim

Orrick, Herrington & Sutcliffe LLP on

On August 12, a federal judge in a Georgia district court denied a debt collector’s motion to dismiss an FDCPA lawsuit, holding that the consumer was not required to submit a dispute in writing to allege a violation of...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Revives Washington Consumer Protection Claims over “HomeOwner Agreement”

Sheppard Mullin Richter & Hampton LLP on

On August 7, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a putative class action alleging violations of the Washington Consumer Protection Act (WCPA) against a company offering a...more

K&L Gates LLP

Washington Supreme Court Increases Risks of Lawsuits for False or Misleading Email Subject Lines

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The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA). In Brown v. Old Navy, LLC, the Court ruled 5-4 that CEMA prohibits advertisers from...more

Nelson Mullins Riley & Scarborough LLP

The Double-Edged Sword of Chapter 93A, Section 11 in Massachusetts Business Litigation

Nelson Mullins Riley & Scarborough LLP on

Introduction - One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter “unfair” or “deceptive” conduct in “trade or commerce,” Section...more

Eversheds Sutherland (US) LLP

Eighth Circuit vacates FTC’s “Click-to-Cancel” Rule in Custom Communications v. FTC

Eversheds Sutherland (US) LLP on

Just days before it was scheduled to take effect, the Federal Trade Commission’s (FTC) amended Negative Option Rule, commonly known as the “Click-to-Cancel” Rule (Rule), was vacated by the US Court of Appeals for the Eighth...more

Clark Hill PLC

Washington Supreme Court says it’s illegal to include any false or misleading information in the subject line of a commercial...

Clark Hill PLC on

On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

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On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

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