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|Quebec’s c Act is Constitutionally Applicable to Banks|
Daniel Everall; Aird Berlis LLP;
October 28, 2014, previously published on October 1, 2014On September 9, 2014, the Supreme Court of Canada (the “Court”) issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act (“CPA”) fee disclosure rules to credit card agreements. In Bank of Montreal v Marcotte, Amex Bank of Canada v...
|Collecting Attorney's Fees - To Sue or Not To Sue?|
Melinda Agee, Paul G. Durdaller; Stites & Harbison, PLLC;
October 28, 2014Some creditors believe that they can only collect contractual attorney’s fees if their attorney files suit against the debtor and obtains judgment. That is not the case. Creditors do not have to file suit or obtain judgment, but they do have to hire an attorney and give the required notices....
|Telephone Consumer Protection Act Express Consent Narrowed Again|
Michael C. Lueder; Foley & Lardner LLP;
October 28, 2014, previously published on October 17, 2014Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know...
|Australia: Fair Work Inspectors Can Now Check For Immigration Compliance|
Ian R. Macdonald, Shaun Staller; Greenberg Traurig, LLP;
October 27, 2014, previously published on October 5, 2014All Australian businesses were already under the obligation to only employ staff authorized to work in Australia. Those businesses that are registered to sponsor overseas employees have additional obligations as well, such as a duty to provide notifications to the Department of Immigration and...
|College and University ‘Financial Services’ and the U.S. Consumer Watchdog|
Anne D. Cartwright, Meghan A. Kloth; Husch Blackwell LLP;
October 23, 2014, previously published on October 3, 2014The reach of the Consumer Financial Protection Bureau, the nation’s top consumer watchdog, extends beyond well-publicized lawsuits claiming deceptive practices by a handful of for-profit schools. Recent actions by the CFPB, along with Congress and state legislatures, are highlighting the role...
|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?
|Every Business Owner Needs an Estate Plan|
Kevin M. Huss; Smith Haughey Rice & Roegge, P.C.;
October 23, 2014, previously published on October 2, 2014Planning is an important part of making any business successful. However, it is equally important for business owners to make sure that their own personal estate plans are in place and up to date. Often, successful business owners put estate planning on the back burner in order to spend the time...
|Considerations When Buying A Franchise|
Rehan Alimohammad; The Law Office of Rehan Alimohammad P.C.;
October 23, 2014, previously published on October 2014Buying a franchise can be an immensely profitable business opportunity. You can sell goods and services that have instant name recognition, and get training and support that can help you succeed. However, buying a franchise is no guarantee of success. Here is some useful information about...
|Third Circuit Holds That Envelope Revealing Consumer’s Account Number Violates the FDCPA|
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
October 22, 2014, previously published on October 2014The Third Circuit Court of Appeals recently held that an envelope revealing a consumer’s account number through a clear plastic window constitutes a violation of the Fair Debt Collection Practices Act (“FDCPA”). In doing so, the Third Circuit reversed the District Court of the...
|Consumer Compliance Risks in Social Media|
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
October 22, 2014, previously published on Fall 2014Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...