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When resolving consumer fraud class actions, judges must balance the goals of protecting consumers from corporate fraud and abuses and protecting businesses from predatory litigation. While courts construing reliance requirements in consumer protection acts sometimes lower the barrier to certification by using a rebuttable presumption of reliance, the California Supreme Court crafted a new compromise in a recent 4-3 decision. This article aims to highlight the struggle that judges go through as they try to strike the proper balance between consumer and business interests. Part II explains the reasons that California voters passed Proposition 64, which amended the California's Unfair Competition Law (UCL) to require plaintiffs to prove that they relied on the defendant's misrepresentatio...
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June 2008 is a month most Iowans would prefer wash away. Persistent heavy rains brought the state's worst flooding in recorded history. The Cedar River rose 20 feet above flood stage, putting 1300 city blocks underwater and damaging or destroying more than 6000 homes and businesses in Cedar Rapids. As Iowans take part in the rebuilding process, many will depend upon help from out-of-town and out-of-state contractors. Among well-intentioned and legitimate contractors (both from Iowa and elsewhere) helping victims are criminals and con artists who come to disaster areas to prey on desperate individuals. Part II of this Note opens by providing a history of Iowa's recent attempts to create a private right of action for consumer fraud, with a more in-depth discussion of the 2008 and 2009 eff...
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I. INTRODUCTION II. THE GA WRONSKI SETTLEMENT A. The Amazon Kindle B. The Gawronski Complaint and Settlement C. Historical Background: Expansion and R...
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S. Sen. Kirsten Gillibrand, D-New York, on Tuesday announced her support of new federal legislation to protect senior citizens against a variety of consumer fraud, including investment schemes.
Citing Federal Trade Commission estimates that one in five senior citizens is being targeted by such scams, Gillibrand said more than half a million seniors in New York are affected each year, including 40,000 in Western New York and 30,000 people in the Rochester- Finger Lakes region.
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A newly created Consumer Protection Working Group to combat consumer fraud will work across federal law enforcement and regulatory agencies, and with ...
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...' 1601 (ATILA@), and the New Jersey Consumer Fraud Act, N.J. Stat. Ann. ' 56:8-1 (ACFA@). The n...
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In a recent decision, Gonzalez v. Wilshire Credit Corp., A-99-00 ____ N.J. ____ (Aug. 29, 2011), the New Jersey Supreme Court determined that New Jers...
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Deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transac...
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In a recent decision, Gonzalez v. Wilshire Credit Corp., A-99-00 ____ N.J. ____ (Aug. 29, 2011), the New Jersey Supreme Court determined that New Jers...
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Originally published December 20, 2010
Keywords: West Virginia Supreme Court, Consumer Credit and Protection Act, consumer fraud, Consumer Credit a...