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Consumer Law Blog Posts from November 19, 2009

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Consumer Law Posts (November 19, 2009)

Today Show spotlights post-transaction marketing

Following up on yesterday's blog post about Attorney General Rob McKenna's testimony to Congress about deceptive online sales tactics, I thought I'd share this report from the Today Show ...
Posted on All Consuming on November 19, 2009 at 9:18 PM

The history of snake oil

From the Smithsonian Museum of American History (yes, it has a blog). And a website for its collection of patent medicines. If you want to know why we have the FDA, take a look. HT: Zach Schrag.
Posted on 43(B)log on November 19, 2009 at 6:09 PM

Wells Fargo agrees to buy back auction rate securities

Wells Fargo will buy back an estimated $1.3 billion in auction rate securities that have been frozen since February 2008, the state Department of Financial Institutions announced yesterday.
Posted on All Consuming on November 19, 2009 at 3:03 PM

California law allows UCL claim against insurer

Zhang v. Superior Court, 100 Cal.Rptr.3d 803 (Ct. App. 2009) States deal with nonfederal preclusion as well as preemption issues. Here, the question was whether state insurance regulation precluded a cause of action uncle general unfair competition/ false advertising law. The appellate court, rejecting another appellate ruling, said no. Conduct tha
Posted on 43(B)log on November 19, 2009 at 9:48 AM

Presenting in Chicago

Tomorrow at noon, I'll be giving the Distinguished Professor Presentation at John Marshall's Center for Intellectual Property Law, talking about "Running the Gamut from A to B: Federal Trademark and False Advertising Law," in which I argue that the Lanham Act would make more sense if we spent more time thinking about the relationship between 43(a)(1)(A
Posted on 43(B)log on November 19, 2009 at 8:30 AM

Should you buy extra coverage for electronics?

Consumers will spend $1.3 billion on extended warranties this holiday season, says one industry report. Is the extra coverage worth it? ...
Posted on All Consuming on November 18, 2009 at 8:38 PM

Shop online? Watch out for sneaky charges

Shop online? If you don't scrutinize each step of the checkout process, you may end buying more than you wanted. Washington State Attorney General Rob McKenna took a leading role in encouraging Congress to get tough on companies that engage in deceptive online sales tactics. ...
Posted on All Consuming on November 18, 2009 at 7:31 PM

Ignorance of 230 is bliss for lawyer ad regulation

A recent opinion of the South Carolina Ethics Bar reveals a not uncommon failure to appreciate the scope of §230. State bars have been struggling to deal with lawyers? internet advertising, which can reach potential clients in new ways; anything on the internet, not just a banner ad, might in theory count as advertising. And new intermediaries have s
Posted on 43(B)log on November 18, 2009 at 7:09 PM

Settlement fixes alleged hang-ups with Vonage?s billing practices

Vonage, one of the nation?s largest providers of Internet-based phone service, will refund eligible customers and pay $3 million to the states to resolve concerns about its billing and cancellation policies.
Posted on All Consuming on November 18, 2009 at 5:09 PM

More Consumer Rights On the Way?

A new report from the Government Accountability Office (GAO) urges legislators to revise the Fair Debt Collection and Practices Act (FDCPA) to give consumers more rights. Debt defaults are at the highest level in 18 years, which has presumably led to more people than ever being contacted by debt collectors. The report indicates that the Federal [...]
Posted on Caveat Emptor on November 18, 2009 at 10:10 AM

Damageless music infringement

EsNtion Records, Inc. v. TritonTM, Inc., 2009 WL 3805827 (N.D. Tex.) Talk about snatching defeat from the jaws of victory. Watch as an apparently unassailable copyright claim falls apart. Plaintiff EsNtion, which I?m just going to call plaintiff, is an independent record label; it sued defendant TM, which is in the business of programming music fo
Posted on 43(B)log on November 18, 2009 at 2:01 AM


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