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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…
Identity Theft Continues to Top FTC’s List of Consumer Complaints
March 26, 2012
Identity Theft Continues to Top FTC’s List of Consumer Complaints
By: Ifrah Law
For more than a decade, the Federal Trade Commission has been releasing its list of the top ten categories of consumer complaints received by the agency in the previous year. This list always serves as a good indication of the areas toward which the FTC may choose to direct its resources and increase its scrutiny. For the 12th year in a row, identity theft was…
How Zappos Defused a Potential Online Privacy Crisis
March 23, 2012
How Zappos Defused a Potential Online Privacy Crisis
By: Ifrah Law
When hackers breached the computer systems of online retailer Zappos.com in January, they gained access to the personal information of up to 24 million customers. The information included customer names, billing and shipping addresses, email addresses, and phone numbers. In a predictable response, customers immediately filed federal class action lawsuits against Zappos, and the attorneys general of nine states sent a joint letter to the…
Developers of New Apps Need to Consider Privacy Issues
February 22, 2012
Developers of New Apps Need to Consider Privacy Issues
By: Nicole Kardell
There’s been much talk of Google’s upcoming streamlined privacy policy. Now come new demands for cleaner, user-friendly data collection and usage disclosures in the mobile app world. Two recent events highlight changes that online advertisers and app developers need to prepare for: (1) a letter from Congressmen Henry Waxman and G.K. Butterfield to Apple regarding the security of user address books and contacts stored on…
HCG Marketers Face Hot Pursuit by FDA, FTC
January 8, 2012
HCG Marketers Face Hot Pursuit by FDA, FTC
By: Nicole Kardell
Putting a snag in New Year’s resolutions for pound-shedding, the FDA and the FTC recently sent out warning letters to several companies that sell HCG-based diet products online. (These companies include Nutri-Fusion Systems LLC, Natural Medical Supply, HCG Platinum, LLC, theoriginalhcgdrops.com, HCG Diet Direct, LLC, and Hcg-miracleweightloss.com.) The warning letters, which came at the outset of the holiday season (and just before the January windfall…
Inside the Privacy Event Keynoted By FTC Chair Leibowitz
October 19, 2011
Inside the Privacy Event Keynoted By FTC Chair Leibowitz
By: Nicole Kardell
Federal Trade Commission Chairman Jon Leibowitz delivered the keynote speech at a forum on Internet privacy on Oct. 11, 2011. He was part of a panel that discussed the protection of consumer data and the tracking of online consumer behavior. The Stanford Law School Center for Internet and Society also released a study the same day showing that data collection on the Internet is not…
