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Caveat Vendor

CFPB Opens the Door to Class Action Lawsuits
The CFPB has issued a Final Rule regulating arbitration agreements in contracts for certain consumer financial products and services. The Final Rule applies to providers of certain consumer financial products and services in the core markets of lending money, storing money, and moving or exchanging money.
5-Hour Energy: Harbinger of Increased State Activism in the Age Of Trump?
The Washington State Attorney General’s over two-year pursuit of the makers of the 5-Hour Energy drink ended last week with a court judgment of nearly $4.3 million for violations of the state Consumer Protection Act.
California’s Menu Labeling Law Takes Effect December 1, 2016, Months Ahead of FDA Enforcement
Eight years after being signed into law, California’s menu labeling law will finally go into effect on December 1, 2016. While FDA has delayed enforcement of the federal menu labeling standard until May 5, 2017, California’s Department of Public Health confirms that local health departments may begin inspecting restaurants subject to the statewide standard as early as December 1, 2016.
The Ninth Circuit Relies On Reasonable Consumers' Experiences to Dismiss a Cosmetics False Advertising Case
The Ninth Circuit's decision in Ebner vs. Fresh, Inc. relied on the experiences of the "reasonable consumer" to dismiss a consumer false advertising class action for failure to state a claim.
Kansas Recognizes Fantasy Sports
Kansas Governor Sam Brownback may be a social conservative, but he apparently does not object to fantasy sports. On Tuesday of this week, Gov. Brownback signed into law a bill that will recognize fantasy sports as lawful in the Sunflower State.
Minnesota Online Lottery Gambling Takes A Step Back
Last week, the Minnesota legislature passed a bill that will require the Minnesota Lottery to stop offering online games within four months. Minnesota Governor Mark Dayton, who vetoed a similar bill last year, allowed this year's version to take effect without his signature just today.
New Law Requires New Jersey Health Insurance Companies to Encrypt Personal Information
New legislation signed by New Jersey Governor Chris Christie late last week mandates that health insurance companies in the state protect the personal information they compile or maintain through encryption or “by any other method or technology rendering it unreadable, undecipherable, or otherwise unusable by an unauthorized person.”
Self-Regulatory Organization Enforcement Agreements Aim to Increase Transparency in Personalized Ads
Last week, the Advertising Self-Regulatory Council’s Online Interest-Based Advertising Accountability Program released agreements with five website operators addressing their compliance with the Self-Regulatory Principles for Online Behavioral Advertising (“OBA Principles”).
Possible New State Legislative Trend: Bans on Microbeads in Cosmetics and Other Personal Consumer Products
Public outcry against plastic microbeads has reached a feverish pitch lately, with opponents decrying the non-biodegradable “plastic soup” that accumulates in waterways after microscopic plastics slip through screen holes at wastewater treatment plants.
The Gift that Keeps on Giving: FTC Settles with Additional Text Marketers in Ongoing Gift Card Enforcement Sweep
Last week the Federal Trade Commission (FTC) added a new settlement to a string of recent victories in its year-long campaign against marketers that have allegedly used deceptive practices in sending text messages that promise “free” gift cards and other valuable merchandise.
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