Employer Background Checks: New Obligations and Restrictions Imposed by the Consumer Credit Reporting Reform Act
Teresa Butler of Littler Mendelson, P.C.
This article discusses the Fair Credit Reporting Act and its impact on present day practices.
How To Resolve Your Consumer Complaint: Self-Help or Class Action?
Richard Alexander of Alexander Hawes LLP
This article concerns two methods of resolving a consumer complaint, use of a class action suit or individual action.
Real Estate Buyers in New Jersey Retain Right to be Informed of Off-Site Conditions Pursuant to Consumer Fraud Act
Saul Ewing LLP
A recent decision of the New Jersey Superior Court, Appellate Division, continues to compel sellers of new resident.
Tennessee Consumer Protection Act
Fargarson & Brooke
Following its implicit holding in Morris v. Mack's Used Cars, 824 S.W.2d 538 (Tenn. 1992), the Supreme .
Kansas, North Carolina Split on Whether Design Professionals Face Liability Under Unfair Competition Laws
Javier Rodriguez of Thelen LLP
Two cases recently addressed when a design professional can be found liable for unfair or deceptive trade practices. While both cases addressed the same issue, they applied different statutory frameworks and, therefore, reached different conclusions.
Consumer Frequently Asked Questions
Law Office of Robert Malin
QUESTION 1. A car salesman convinced me to buy a new car last night. I just cannot afford it. Don't I have th.
Why Your Company Should Develop a Consumer Privacy Policy for Website Collection or Dissemination of Personally Identifying Consumer Information
Kevin J. McNeely of Partridge Snow & Hahn LLP
The rapid growth of online commerce has spurred federal regulators into action to protect consumer privacy rights. .
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the propriety of obtaining consumer reports on individuals visiting auto showrooms and disclosure requirements when obtaining consumer reports on prospective or current employees.
Marketing and Sale of Consumer Products and Services in Shanghai to Be Impacted by the New Municipal Rules on Consumer Protection
Ron Rongwei Cai of Davis Wright Tremaine LLP
On October 28, 2002, Shanghai Municipal People's Congress amended the "Shanghai Municipal Rules on the Protection of Consumer Interest" (the "Rules"). The Rules will enter into effect on January 1, 2003. The implementation of the Rules will have a significant impact on the current marketing and sale practices in Shanghai.
New FTC Regulations On Proper Destruction of "Consumer Information": Steps Employers Need to Take to Comply
Philip L. Gordon and Cathy S. Beyda of Littler Mendelson, P.C.
Effective June 1, 2005, the new regulations require employers to take reasonable steps to prevent unauthorized use of and access to consumer information during disposal of such information.
How Could 'Tort Reform' Affect You or a Loved One?
Patrick A. Salvi of Salvi, Schostok & Pritchard, P.C.
In 1992, a 43 year-old woman was running errands on her birthday when a garbage truck drove from an alley to the .
Online Consumer Protection
George S. Takach of Lexpert
Over the past several years various legislative initiatives have made doing business online more legally certain. For example, the so-called "electronic commerce statutes", such as Ontario's Electronic Commerce Act, 2000 (and its various counterparts in the common law provinces, all more or less based on the Uniform Electronic Commerce Act), are very helpful in detailing how the "writing" and "signature" requirements of other statutes may be satisfied in the online world.
Information on the Flordia Lemon Law
William L. Bromagen of Bromagen & Rathet, P.A.
The Florida Lemon Law applies to the purchase or lease of new motor vehicles sold in the state of Florida. Mot.
Lemon Law in Florida
William L. Bromagen of Bromagen & Rathet, P.A.
One interesting area of the lemon law involves the argument that a vehicle used primarily in business is .
New Federal Regulation On Method Of Destruction Of Certain Employment Records
Michael Aldana of Quarles & Brady LLP
As part of the federal government's fight against indentity theft, effective June 1, 2005, employers who discard certain information about employees will be required to make efforts to ensure that those records are actually destroyed. Under changes to the Fair Credit Reporting Act, employers and other entities that possess consumer report information for a business purpose must take reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.
Navigating the Web of Rules Governing Internet Advertising
Kavita Amar and Thomas R. Burke of Davis Wright Tremaine LLP
Internet advertising offers businesses a new and entirely different medium with which to attract consumers and maintain brand loyalty. Current online options include pop-ups, pop-unders, banners, splash pages and text-based ads. More creative forms of online advertising are inevitable, including ads customized for wireless applications.
CONSUMER FRAUD: Spotting and Protecting Yourself Against It [A General Primer] : Entertainment
Richard Alexander of Alexander Hawes LLP
Part of the general consumer fraud primer, this section deals with entertainment types of fraud.
Texas Deceptive Trade Practices Consumer Protection Act (DTPA)
McNamara Law Office
Note: This background on Texas DTPA is intended to be general and informational only. Please do not rely on it in .
Sold a Lemon? Consider Your Options.
Law Offices of Frederic G. Leeds, P.C.
The Lemon Law is a form of consumer protection created by the state legislature. The purpose of the legislation to.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604, 606
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the definition of consumer reporting agencies under the Fair Credit Reporting Act along with a discussion of notification requirements when obtaining consumer reports.
Employer Liable for its Employee Who Improperly Obtained a Credit Report
Bodman LLP
The Sixth Circuit Court of Appeals has ruled that an employer may be held liable under the Fair Credit Reporting Ac.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d)(1), 604(b), 606, 607(e), 609, and 610
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the definition of consumer reports under the Fair Credit Reporting Act.
The Texas Supreme Court Levels Consumer Playing Field
Greenberg Peden P.C.
Twenty-nine years ago, Texas adopted the theory of strict products liability. Six years later, the Texas legislature adopted the Texas Deceptive Trade PracticesÃÂConsumer Protection Act, çl;çl;17.41-17.63 of the Texas Business and Commerce Code (the "DTPA").
Who is Getting Sued and Why?
Jeffrey Bergin of Jones, Skelton & Hochuli, P.L.C.
The year 2000 ("Y2K") lawsuits that have been filed in the United States allege, among other things, that software .
New Requirements for Obtaining and Using Credit Reports
Duff, White & Turner, LLC
On September 30,1997, the Consumer Credit Reporting Reform Act went into effect. The CCRRA imposes new requirements.
Y2K Legislative Update
White and Williams LLP
1999 began with the introduction of several business-friendly Y2K federal and state legislative proposals.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604, 615
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes compliance requirements under the Fair Credit Reporting Act when a brokerage firm requests a credit report on a client when the primary purpose is for settlement negotiations.
Fair Credit Reporting Act--Sexual Harassment Investigation.
Brown Schwartz & Patterson
The Federal Trade Commission (the "Commission") has taken the position that employers who utilize the services of o.
Politics Can Impact Your Rights
Panter, Panter & Sampedro, P.A.
On May 18, 1998, Governor Lawton Chiles vetoed SB874. This Bill would have made significant changes to the State's tort system affecting the rights and safety of Florida's families.
Anti-Spam Bills Could Draw ISPs Into Litigation, House Panel Told
Rosenman & Colin LLP
Legislation regulating unsolicited e-mail, or "spam," must be designed to avoid dragging Internet service provider.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes notifications requirements under Section 615(a) of the Fair Credit Reporting Act when an action is taken against a consumer based upon information obtained in a consumer report.
Statute Of Limitations In Case Filed Pursuant To The Texas Deceptive Trade Practices Act Was Tolled For 10 Years Under The "Discovery Rule"
Barker, Leon & Fancher, LLP
FACTS OF CASE In Salinas v. Gary Pools, Inc., __SW3rd__, 2000 WL 1344509 (4th Court of AppealsÃÂSan Antonio, Se.
Important Information About The Fair Credit Reporting Act
Paul, Hastings, Janofsky & Walker LLP
Employers often use outside agencies to obtain information on job applicants or current employees. While such info.
Direct Mail Sweepstakes AlertÃÂ
Arent Fox LLP
On December 13, 1999, President Bill Clinton signed into law the Deceptive Mail Prevention and Enforcement Act, an act that regulates sweepstakes advertised through the mail. This article outlines the requirements of the Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(h) and 603(k)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the use of consumer reports constitutes "employment purposes," as defined by the Fair Credit Reporting Act and if this information is considered an adverse action under Section 603(k).
Y2K Federal Statutory Update
Capehart & Scatchard, P.A.
Congress passed the following two Acts in anticipation of the potential for litigation .
Customer Privacy Becomes the Hot Button Voluntary Action Regarding Online Privacy of Customer Information is Encouraged
Jaffe Raitt Heuer & Weiss, P.C.
Little has captured the attention of the banking regulators lately as much as electronic banking.
The Development of Consumer Rights in the United States Slowed by the Power of Corporate Political Contributions and Lobbying
Richard Alexander of Alexander Hawes LLP
This article discusses the progress of consumer rights legislation in the wake of the growth of corporate lobbying efforts.
Personal Bankruptcy Filings on the Decline?
Charles R. Sterbach of Gallagher & Kennedy, P.A.
As 1998 draws to a close, many experts predict another record year for personal bankruptcy filings. The 1.3 millio.
Background Checks--BewareÃÂ
Riker Danzig Scherer Hyland & Perretti LLP
This article discusses the requirements of FCRA which are significant and the consequences of failing to comply are serious, therefore employers must be careful when using outside agencies/persons to perform background checks.
Obligation to Disclose Off-Site Contamination Continues in New Jersey
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In 1995, the New Jersey Supreme Court imposed upon residential developers and their agents the obligation to dis.
On-Line Privacy Protection Rules Take Effect
Buchanan Ingersoll & Rooney PC
The Children's Online Privacy Protection Act (COPPA) becomes effective April 21, 2000. Many companies are concerned.
FTC REVIEW: July 1999
Lewis Rose,John Feldman,Margo Fowler,D. Reed Freeman and Christie Grymes of Arent Fox LLP
Each month, Arent Fox's advertising lawyers prepare this summary of major law enforcement actions announced by the U.S. Federal Trade Commission ("FTC") during the previous month. The summary highlights FTC advertising actions against well-known corporations engaged in national advertising, law enforcement "sweeps," and civil penalty actions.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2), 604(b)(3), 606, and 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the disclosure obligations of employers to consumers (applicants for jobs or current employees) under the Fair Credit Reporting Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b), 605, 607
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes reporting responsibilities of consumer reporting agencies of criminal convictions that are more than seven years old and notification requirements of other criminal or negative information.
The Effect of Recent Amendments to The Federal Fair Credit Reporting Act
McMillan, Rather, Bennett & Rigano, P.C.
Congress recently amended the federal Fair Credit Reporting Act ("FCRA") to further regulate the use and disclosure.
Obesity Litigation -- The Next "Tobacco"?
Kenneth J. Parsigian and U. Gwyn Williams of Goodwin Procter LLP
As obesity rates in the United States continue to rise, self-styled consumer rights activists are turning their attention to the manufacturing and marketing practices of the food industry and considering whether litigation can be used to change those practices. Spearheading this effort are two well-known anti-tobacco activists, Professor John Banzhaf of George Washington University's School of Law and Professor Richard Daynard of Northeastern University's School of Law. This course of action presents a litigation risk for many companies involved in the food industry.
The Lemon Law--The Sweet and Sour Facts
Clark, Delia A. of Mattleman, Weinroth & Miller, P.C.
Are you tired of getting the run around by a car dealer? Being told that the problem can not be found or you bring.
Protecting Yourself when Having Car Repaired
Williams Kherkher
Here are some tips to protect yourself when your car needs repair.
CONSUMER FRAUD: Spotting and Protecting Yourself Against It [A General Primer]
Alexander Hawes LLP
This primer and in the documents that follow provide a very broad overview of consumer fraud issues in five categories and also provide a section on how to act.