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Adobe PDFQuebec’s c Act is Constitutionally Applicable to Banks
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
October 28, 2014, previously published on October 1, 2014
On 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...


HTMLCollecting Attorney's Fees - To Sue or Not To Sue?
Melinda Agee, Paul G. Durdaller; Stites & Harbison, PLLC;
Legal Alert/Article
October 28, 2014
Some 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....


HTMLTelephone Consumer Protection Act Express Consent Narrowed Again
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 17, 2014
Albert 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...


HTMLAustralia: Fair Work Inspectors Can Now Check For Immigration Compliance
Ian R. Macdonald, Shaun Staller; Greenberg Traurig, LLP;
Legal Alert/Article
October 27, 2014, previously published on October 5, 2014
All 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...


HTMLCollege and University ‘Financial Services’ and the U.S. Consumer Watchdog
Anne D. Cartwright, Meghan A. Kloth; Husch Blackwell LLP;
Legal Alert/Article
October 23, 2014, previously published on October 3, 2014
The 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...


HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A 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?


HTMLEvery Business Owner Needs an Estate Plan
Kevin M. Huss; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 2, 2014
Planning 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...


HTMLConsiderations When Buying A Franchise
Rehan Alimohammad; The Law Office of Rehan Alimohammad P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 2014
Buying 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...


HTMLThird 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;
Legal Alert/Article
October 22, 2014, previously published on October 2014
The 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...


HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, 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...


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