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USA - July 25 2012
On July 18, 2012, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) marked its one-year anniversary by announcing its first public enforcement action with an Order requiring Capital One Bank to refund approximately $140 million to two million customers and to pay a $25 million civil monetary penalty to settle charges that some of its third party call-center vendors used “deceptive marketing tactics” to pressure or mislead consumers into paying for ancillary products to the bank’s credit cards.
USA - July 1 2012
The Supreme Court’s June 28, 2012 decision in United States v. Alvarez reaffirmed the important First Amendment principle that the First Amendment “protects the speech we detest as well as the speech we embrace.”
USA - April 25 2012
On April 24, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a “Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements” (“Request”).
USA - October 25 2011
In a departure from the recent trend of courts refusing to allow data breach claimants to seek mitigation damages, the First Circuit recently held in Anderson v. Hannaford Bros. Co. that credit and debit card payment processors may be held liable for mitigation damages in the wake of targeted card-number theft by a criminal enterprise.
