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HTMLRecent Consent Order Enhances Fair Lending Risks to Financial Institutions
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
January 4, 2016, previously published on December 17, 2015
In late September 2015, the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and Hudson City Savings Bank, Paramus, New Jersey, entered into a Consent Order to settle allegations of violations of the Equal Credit Opportunity Act and the Fair Housing Act. The terms of...

 

HTMLThe Continuing Conundrum of the California Food Fight
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 21, 2015, previously published on December 7, 2015
We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from manufacturers and retailers of these goods, and companies in the relevant...

 

HTMLWhen Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 21, 2015, previously published on November 12, 2015
Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their suppliers comply with human rights standards. What started as a legislative...

 

HTMLMust Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 21, 2015, previously published on December 2, 2015
Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play...

 

HTMLFlorida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims
Walter G. Latimer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 11, 2015, previously published on December 8, 2015
The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected the risk-utility test in favor of the consumer-expectation test. The...

 

HTMLConsumer Protection Does Not Right Private Wrongs
Joan S. Allgaier; Hall & Evans, L.L.C.;
Legal Alert/Article
December 2, 2015, previously published on November 20, 2015
More and more, we see consumer protection claims accompanying negligence claims against nursing homes, doctors, home service aides - really, any “service” profession.

 

HTMLCFTC Releases Swap Dealer De Minimis Report
Sohair A. Aguirre, Athena Yvonne Eastwood, Jonathan H. Flynn, Andrew M. Greenberg, Neal E. Kumar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 30, 2015, previously published on November 20, 2015
CFTC Staff’s Preliminary Report on whether to modify the swap dealer de minimis threshold highlights the difficulty in identifying swap dealing activity and problems with swap data reporting

 

HTMLThe Future of Mandatory Consumer Arbitration Clauses
Antonio F. Dias, Lisa M. Ledbetter, Sanjay Narayan; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November 2015
Arbitration as a means of dispute resolution is intended to help consumers and businesses save time and money and achieve fair results when compared to traditional litigation. Millions of contracts for consumer financial products and services have a pre-dispute arbitration clause ("arbitration...

 

HTMLRedlining and the Joint Action by the Consumer Financial Protection Bureau and the Department of Justice against Hudson City Savings Bank
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
November 27, 2015, previously published on November 12, 2015
In this post, we’re going to examine the subject of redlining in the context of residential mortgage loans. We’re then going to turn our attention to the recent joint action by the Consumer Financial Protection Bureau (“CFPB”) and the Department of Justice...

 

HTMLFDA Requests Input on Use of the Term “Natural” for Foods
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 11, 2015
On November 12, 2015, FDA is scheduled to publish a notice in the Federal Register announcing a request for public comments on the use of the term “natural” in food labeling. As the Agency points out, it has been under pressure in recent years from many stakeholders to develop a...

 


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