Consumer Protection

Expert Analysis

• Keys To Estimating Damages In Deceptive Pricing Cases

  

  The liability fundamentals of deceptive pricing cases are easy to understand: to the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

• Mass. Digital Health Developments: What To Know Now

  

  Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• CFPB Says Using Multiple Debt Collectors Poses ECOA Risk

  

  In light of the Consumer Financial Protection Bureau's recent consent order with American Express, creditors, debt buyers and collection agencies should ensure that segmentation criteria for internal collection strategies, placement with external collection agencies, and the collection strategies employed by multiple external third-party debt collectors do not result in the disparate treatment of protected classes, says attorney Jonathan Joshua.

• The Role Legal Finance Can Play In Firm Year-End Collections

  

  Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

• It's On Plaintiffs To Prove No Scientific Substantiation

  

  Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

• 'Per-Doc' Pricing Can Improve Document Review

  

  Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

• Opinion

  We Must Protect Consumers From Illegal Debt Collectors

  

  Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

• As Medical Food Industry Grows, So May FDA Scrutiny

  

  An important regulatory advantage enjoyed by "medical food" products is the ability to make affirmative claims that a particular medical food may assist in treatment or management of a disease condition. But the category is poised to attract increased attention from the U.S. Food and Drug Administration, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.

• Managing Digital Vendor Risk — The Next Compliance Frontier

  

  Unfortunately, heightened awareness of third-party cyberrisk and the urgency of identifying third-party activity has not fully extended to the consumer-facing digital assets — websites, mobile applications, social media — that form the backbone of modern business-to-consumer communications, says Chris Olson, CEO of The Media Trust.

• Fast And Frictionless: Key Legal Issues In POS Loans

  

  In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.