Legal News
California Businesses Liable For Limiting Negative Reviews
California will become the first state that will impose civil penalties for businesses that include non-disparagement clauses, which are those that limit or prohibit negative reviews by customers. The law also goes farther and punishes businesses that “otherwise penalize” consumers for negative reviews. This law is considered a victory for consumers while businesses face a lot of uncertainty. […]
Kansas Lawmaker Wants Deadlines On Courts Issuing Decisions
Kansas Senate Vice President Jeff King has offered Senate Bill 289 that, if passed and enacted, would impose time deadlines for most Kansas courts to have to issue decisions in cases. The impetus for the bill appears to be that Kansas legislators have been waiting for the Kansas Supreme Court to issue a ruling on a school finance lawsuit that was heard on appeal by the justices in October. This bill seemingly has problems with both enforcement and the separation of powers between the legislative and judicial branches of government. […]
October 9 – Historical Events and Observances
Today is October 9, 2013. It is the 282nd day of 2013 and there are 83 days left in the year. There are a number of historical events that have taken place on October 9. In addition, there are several United States and worldwide observances celebrated or recognized today. […]
New York Judge Permits Legal Service Via Facebook
By: Jeffrey Lapin
On March 7, 2013, United States District Court Judge Paul Engelmayer, of the Southern District of New York, ordered that the Federal Trade Commission (FTC) can serve legal documents upon five defendants residing in India by email and Facebook. Courts in England, Australia and New Zealand have already permitted service via Facebook. This decision is likely the first time a United States court has approved service by Facebook. […]
Legal News You May Have Missed (February 24, 2013)
By: Jeffrey Lapin
This week’s Legal News You May Have Missed covers the week February 17 through 24, 2013. The news items include cell phones, Facebook, mortgage servicers, arbitration and the FBI.
[…]
Proposed FDCPA Amendment Would Allow Messages By Collectors
Representative Barney Frank (D-Mass.) recently introduced H.R. 4101 (112th Congress, Second Session) entitled the “Fair Debt Collection Practices Clarification Act of 2012”, to the House Committee on Financial Services. The proposed Act would alter the Fair Debt Collection Practices Act (FDCPA) and permit debt collectors to leave voicemails and messages on answering machines, which is currently permitted only if the debt collectors provides certain information, which itself can cause a FDCPA violation. The proposed Act would require the Consumer Financial Protection Bureau (CFPB) to set forth regulations regarding these messages. In addition, H.R. 4101 would limit the ability of a debt collector’s use of arbitration to settle a dispute. […]
Proposed Act Would Permit Debt Collectors to Use Auto-Dialers to Call Cellular Telephones
Representatives Lee Terry (R-NE) and Edolphus Towns (D-NY), recently introduced the Mobile Informational Call Act of 2011 (H.R. 3035, 112nd Cong., 1st Sess. (2011)), in the House of Representatives that contains sweeping changes to the Telephone Consumer Protection Act (TCPA), the most significant of which would permit debt collectors to use automatic telephone dialing systems (auto-dialers) to call a person’s cellular telephone. This proposed Act, which would amend certain provisions of the TCPA, can be viewed on the U.S. Government Printing Office’s website (Mobile Informational Call Act of 2011). […]
