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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…
Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?
March 27, 2014
Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?
By: Ifrah Law
For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the focus of intermittent media attention since December 2012 when Wall Street hedge fund manager Bill Ackman claimed that it was an illegal pyramid scheme, and its business practices have already drawn the scrutiny…
FTC Secures Nine Figure Judgment Against Single Co-Defendant in Scareware Case
March 19, 2014
FTC Secures Nine Figure Judgment Against Single Co-Defendant in Scareware Case
By: Ifrah Law
After the FTC secured a $163MM judgment against Kristy Ross in the US District Court of Maryland, the 4th Circuit affirmed, and so ends the FTC’s six-year “scareware” enforcement action. From beginning to end, this odyssey has been quite colorful, to say the least. The nine-figure judgment against Ross is no exception. Originally, there were eight codefendants: Innovative Marketing, Inc., ByteHosting Internet Services, LLC, and…
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
March 6, 2014
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
By: Ifrah Law
Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in the same manner that traditional cigarette advertisements are regulated. The e-cigarette industry is growing at a rapid pace, particularly among younger people. Last year, the industry generated roughly $2 billion and industry sources estimate sales are…
Attorney General Holder Calls on Congress to Establish Strong National Data Breach Notification Standard
February 25, 2014
Attorney General Holder Calls on Congress to Establish Strong National Data Breach Notification Standard
By: Michelle Cohen
By Michelle Cohen, CIPP-US Yesterday, in his weekly video address, Attorney General Eric Holder urged Congress to create a national data breach notification standard requiring companies to quickly notify consumers of a breach of their personal or financial information. In the wake of the high profile holiday season data breaches at retailers Target and Neiman Marcus, Holder stated that the Department of Justice and the U.S….
TCPA Not Violated When Consumer Voluntarily Provided Number to Business
February 6, 2014
TCPA Not Violated When Consumer Voluntarily Provided Number to Business
By: Ifrah Law
A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone Consumer Protection Act (TCPA). A plaintiff’s prior express consent is a major issue in TCPA litigation and this decision represents a victory for companies that obtain phone…
