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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…
POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues
October 11, 2012
POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues
By: Nicole Kardell
POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s declaratory judgment action against the FTC. The judge’s ruling, though, does not put an end to the POM-FTC battle, which is still on appeal in a related administrative proceeding. POM filed…
‘Results Will Vary,’ But FTC’s Cases Against Weight-Loss Companies Remain the Same
October 4, 2012
‘Results Will Vary,’ But FTC’s Cases Against Weight-Loss Companies Remain the Same
By: Ifrah Law
The Federal Trade Commission recently announced a settlement with Jason Pharmaceuticals regarding its use of consumer testimonials and health benefits claims. Any company that relies on testimonials in its advertising, even a company that like Jason Pharmaceuticals, sells products that often have beneficial health results, must become aware of this settlement. Jason Pharmaceuticals sells Medifast brand low-calorie meal substitutes. In 1992, the FTC settled a…
‘Get-Rich-Quick’ Systems Penalized by FTC to Tune of $478 Million
September 24, 2012
‘Get-Rich-Quick’ Systems Penalized by FTC to Tune of $478 Million
By: Ifrah Law
As part of the Federal Trade Commission’s ongoing efforts to shut down scams that target financially vulnerable consumers, a U.S. district judge has issued a $478 million judgment at the request of the FTC against the marketers of three get-rich-quick systems that the agency says are used for deceiving consumers. The order is the largest litigated judgment ever obtained by the FTC. The judgment was…
Cybersecurity a Desirable Goal, but Does Obama Proposal Go Too Far?
August 28, 2012
Cybersecurity a Desirable Goal, but Does Obama Proposal Go Too Far?
By: Steven Eichorn
In the past couple of years, a wide variety of computer viruses and other malware have allegedly been used by one nation against another. This secretive form of warfare even briefly plastered names like Stuxnet, Duqu, Flame, and Gauss across the front pages. In partial response to the threat posed to U.S. interests by hostile foreign countries and/or individuals, different cybersecurity bills are percolating through…
With $22.5 Million Google Settlement, FTC Sends a Clear Message
August 20, 2012
With $22.5 Million Google Settlement, FTC Sends a Clear Message
By: Michelle Cohen
On August 9, 2012, the Federal Trade Commission announced that Google has agreed to pay a $22.5 million penalty to settle the FTC’s charges that it violated a consent order regarding consumer privacy. This is the largest civil penalty that the FTC has ever exacted for a violation of one of the agency’s orders, and it has understandably garnered a great deal of attention. Specifically,…
