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Cal. High Court Softens Draconian Arbitration Fee Rule
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August 19, 2025
Cal. High Court Softens Draconian Arbitration Fee Rule
By: Robert Ward
California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close to, but does not cross, that line. At the same time, to avoid preemption, the court offered businesses some relief from the unforgiving interpretation applied by many California courts. Section 1281.98 requires the party who drafts an arbitration agreement—in the consumer context, the company—to pay all required fees within thirty days of receiving the arbitration provider’s invoice.[2] If the company fails to pay the fees…
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Ready, Set, Go: More States Adopt Privacy Laws
July 30, 2025
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 24, 2025 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape
May 12, 2025
Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape
By: Abbey Block
Ryan Seacrest is most well-known for his role as the charismatic host of popular television shows like American Idol and Wheel of Fortune. But more recently, Seacrest has taken on a new business venture, becoming the spokesperson for the social casino platform, Chumba Casino. Chumba Casino, launched in 2012, allows players to engage in online casino-style games. Seacrest began his partnership with the brand in…
Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy
August 18, 2014
Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy
By: Michelle Cohen
Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from California residents. In fact, plaintiffs have filed hundreds of individual and class actions in California courts under California’s various eavesdropping/call recording laws. Potential damages can include an award of $ 5,000 per…
$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers
August 14, 2014
$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers
By: Ifrah Law
In this health-conscious age, consumers are always on the lookout for new products which will improve wellness and quality of life. Marketers attuned to this trend may be tempted to increase sales by extolling the virtues of their products, even if health claims are unsubstantiated by scientific testing. A recent FTC case, however, demonstrates the price that advertisers pay for overstating health claims. The FTC…
Capital One Gets an Unwanted Wake Up Call
August 8, 2014
Capital One Gets an Unwanted Wake Up Call
By: Ifrah Law
In what could become the largest ever settlement in a case brought in the 22 year history of the Telephone Consumer Protection Act (“TCPA”), Capital One and three collection agencies agreed to pay over $75 million into a settlement fund to settle a consolidated class action lawsuit alleging that the companies used an automatic telephone dialing system (“ATDS”) or prerecorded voices to call more than…
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
August 4, 2014
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
By: Ifrah Law
In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The decision narrows the scope of who can be liable under the VPPA and what information is within the scope of the statute. Congress passed the VPPA in 1988…
Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat
June 24, 2014
Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat
By: Ifrah Law
Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended to protect children’s online privacy. This is another reminder that state attorneys general’s offices will continue to be vigilant in addressing consumer privacy issues under both state and federal laws, when the…
