The Investors contended that KPMG's audits constituted a negligent misrepresentation; violated the state's
consumer trade practices law; were professional negligence; and a breach of its fiduciary duty.
The consumer protection act is designed to protect the public from unsavory business practices, and a practice or act in commerce which is a violation of a statute or regulation is one way a party can establish a claim under
the consumer trade practices law.
Not exact matches
Showing unfair
practices, Meal said, requires regulators to prove substantial
consumer injuries, according to the Federal
Trade Commission regulations state
laws are based on.
The plaintiff is claiming violations of New York
consumer - protection
laws, deceptive and unfair
trade practices, false advertising and fraud.
(B) «Credit repair services organization» does not include: (i) Any person authorized to make loans or extensions of credit under the
laws of this state or the United States who is subject to regulation and supervision by this state or the United States; (ii) Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation; (iii) Any nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986; (iv) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (v) Any person licensed to
practice law in this state if the person renders services within the course and scope of his or her
practice as an attorney; (vi) Any broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures
Trading Commission if the broker - dealer is acting within the course and scope of those regulatory agencies; or (vii) Any
consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681 - 1681t).
(1) The following shall be exempt from the Credit Services Organization Act: (a) A person authorized to make loans or extensions of credit under the
laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act, 12 U.S.C. 1701 et seq.; (b) A bank or savings and loan association whose deposit or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or a subsidiary of such a bank or savings and loan association; (c) A credit union doing business in this state; (d) A nonprofit organization exempt from taxation under section 501 (c)(3) of the Internal Revenue Code; (e) A person licensed as a real estate broker or salesperson under the Nebraska Real Estate License Act acting within the course and scope of that license; (f) A person licensed to
practice law in this state acting within the course and scope of the person's
practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures
Trading Commission acting within the course and scope of that regulation; (h) A
consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 - 1217.
«Credit Services Organization» does not include any of the following: (i) a person authorized to make loans or extensions of credit under the
laws of this State or the United States who is subject to regulation and supervision by this State or the United States, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.); (ii) a bank or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or a subsidiary of such a bank or savings and loan association; (iii) a credit union doing business in this State; (iv) a nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, [FN1] provided that such organization does not charge or receive any money or other valuable consideration prior to or upon the execution of a contract or other agreement between the buyer and the nonprofit organization; (v) a person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (vi) a person licensed to
practice law in this State acting within the course and scope of the person's
practice as an attorney; (vii) a broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures
Trading Commission acting within the course and scope of that regulation; (viii) a
consumer reporting agency; and (ix) a residential mortgage loan broker or banker who is duly licensed under the Illinois Residential Mortgage License Act of 1987.
Representing clients in cases against debt collectors is a form of
consumer law, the branch dedicated to protecting
consumers against unfair
trade and credit
practices.
Just as the
consumer protection
laws are designed to protect
consumers from unfair
trade practices, the Bankruptcy Code is designed to provide relief for debtors who are unable to pay their debts in addition to their livings expenses.
Numerous potential legal violations of
consumer protection
laws, including the federal Credit Repair Organizations Act (CROA), Federal
Trade Commission (FTC) Telemarketing Sales Rule, state debt settlement and debt management
laws, and unauthorized
practice of
law provisions.
Consumer protection laws in some jurisdictions would find such a scheme to be an actionable deceptive trade practice, while consumer protection laws in other jurisdictions would find that it was not an actionable deceptive trade p
Consumer protection
laws in some jurisdictions would find such a scheme to be an actionable deceptive
trade practice, while
consumer protection laws in other jurisdictions would find that it was not an actionable deceptive trade p
consumer protection
laws in other jurisdictions would find that it was not an actionable deceptive
trade practice.
Ms. Michaud's litigation and arbitration
practice primarily includes cross-border contract and business torts disputes,
consumer class actions (state and federal statutory violations and data privacy concerns), intellectual property disputes,
trade secret misappropriation, competition, as well as other statutory and common
law claims.
For instance, the Belgian
Law of 6 April 2010 on commercial
practices,
consumer information and
consumer protection («LPMC») still excludes certain professions from its scope of application and includes strict rules on discount prices and on the organization of travelling
trading and fairground activities.
Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation;
consumer fraud and deceptive
trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health
law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.
He represented clients in the pharmaceutical sector in matters alleging violations of the False Claims Act, unfair
trade practices,
consumer protection statutes, and common
law.
Carrie has extensive experience in defending her clients under
consumer protection
laws, including the Fair Debt Collection
Practices Act and deceptive
trade practices laws.
Violations of the Texas Deceptive
Trade Practices Act — Texas has a strong,
consumer - oriented deceptive
practices law, and business found guilty of violation of the Texas DTPA can be forced to pay treble damages and attorney's fees to a successful plaintiff.
Without
trade - offs to our personal injury
law practice, as a result of a new company structure providing a larger capital base in Australia and the UK, we are now able to offer a wider range of other
consumer services including services that critics of nonlawyer ownership claim are the sort of «less profitable services;» that nonlawyer owned firms would stay away from such as: employment
law, wills, conveyancing, family
law and criminal
law.
His areas of
practice include contract interpretation, shareholder / partner disputes,
trade mark infringement,
consumer law, joint ventures and partnerships, construction
law, insolvency, fraud, administrative
law, and professional negligence.
Lawyer:
Practice Area (Region) Phil Anker: Bankruptcy / Restructuring (New York) Michael Bain: Private Equity: Venture Capital Investment (Massachusetts); Startups & Emerging Companies (Nationwide) Keith Barnett: Real Estate (Massachusetts) Charlene Barshefsky: International
Trade:
Trade Remedies &
Trade Policy (Nationwide) Dan Berkovitz: Capital Markets: Derivatives (Nationwide) Michael Bevilacqua: Intellectual Property: Licensing (Massachusetts); Technology (Massachusetts) Molly Boast: Antitrust (New York) Mark Borden: Corporate / M & A (Massachusetts); Private Equity: Venture Capital Investment (Massachusetts) Jay Bothwick: Corporate / M & A (Massachusetts) Sean Boulger: Real Estate (Massachusetts) Robert Burke: Tax (Massachusetts) A. William Caporizzo: Tax (Massachusetts) Patrick Carome: Media & Entertainment (District of Columbia) James H. Carter: International Arbitration (Nationwide); International Arbitration: Arbitrators (Nationwide) Steven F. Cherry: Antitrust (District of Columbia); Antitrust: Cartel (Nationwide) Jamie Class: Banking & Finance (Massachusetts) Meredith B. Cross: Securities: Regulation: Advisory (Nationwide) Christopher Davies: Securities: Regulation: Enforcement (Nationwide) Douglas Davison: Securities: Regulation: Enforcement (Nationwide) Peter Dichiara: Intellectual Property (Massachusetts) Stephanie Evans: Corporate / M & A & Private Equity (District of Columbia) Benjamin Fernandez: Intellectual Property (Colorado) Robert M. Finkel: Outsourcing (Nationwide); Technology & Outsourcing (New York) Mark Ford: Antitrust (Massachusetts) D. Reed Freeman: Privacy & Data Security (Nationwide) Craig Goldblatt: Bankruptcy / Restructuring (District of Columbia) Andrew Goldman: Bankruptcy / Restructuring (New York) Jamie Gorelick: Government: Government Relations (Nationwide) Leon Greenfield: Antitrust (District of Columbia) Robert Gunther: Intellectual Property: Patent (New York) Natalie Hanlon Leh: Intellectual Property (Colorado) Franca Harris Gutierrez: Financial Services Regulation: Banking (Compliance)(Nationwide); Financial Services Regulation:
Consumer Finance (Compliance)(Nationwide) Jay Holtmeier: FCPA (Nationwide); Litigation: White - Collar Crime & Government Investigations (New York) Fraser Hunter: Litigation: Securities (New York) Paul Jakubowski: Real Estate (Massachusetts) Boyd Johnson: Litigation: White - Collar Crime & Government Investigations (New York) Robert Keefe: Litigation: White - Collar Crime & Government Investigations (Massachusetts) Rachael Kent: International Arbitration (Nationwide) Robert Kirsch: Environment (Massachusetts) Jason Kropp: Corporate / M & A (Massachusetts) William Lee: Intellectual Property (Massachusetts); Life Sciences: IP / Patent Litigation (Nationwide); International
Trade: Intellectual Property (Section 337)(Nationwide); Litigation: Trial Lawyers (Nationwide) Yoon - Young Lee: Financial Services Regulation: Broker Dealer (Compliance)(Nationwide) Hal Leibowitz: Corporate / M & A (Massachusetts) James Lowe: Antitrust (District of Columbia) Lori Martin: Litigation: Securities (New York); Securities: Regulation: Enforcement (Nationwide) William McLucas: Securities: Regulation: Enforcement (Nationwide) Ronald Meltzer: International
Trade: Export Controls & Economic Sanctions (Nationwide) Thomas Mueller: Antitrust (District of Columbia); Antitrust: Cartel (Nationwide) Bruce Newman: Financial Services Regulation: Broker Dealer (Compliance)(Nationwide) Stephanie Nicolas: Financial Services Regulation: Broker Dealer (Compliance)(Nationwide) Robert Novick: International
Trade:
Trade Remedies &
Trade Policy (Nationwide) Amy Null: Employee Benefits & Executive Compensation (Massachusetts) David Ogden: Litigation: General Commercial (District of Columbia) William O'Reilly Jr.: Real Estate (Massachusetts) Andre Owens: Financial Services Regulation: Broker Dealer (Compliance)(Nationwide) William Paine: Litigation: Securities (Massachusetts) Kimberly Parker: FCPA (Nationwide) John Pierce: International Arbitration (Nationwide) Lisa Pirozzolo: Intellectual Property (Massachusetts) Benjamin Powell: International
Trade: CFIUS Experts (Nationwide) Andrea Robinson: Litigation: Securities (Massachusetts) Julie Hogan Rodgers: Tax (Massachusetts) Jonathan Rosenfeld: Labor & Employment (Massachusetts) Anjan Sahni: Litigation: White - Collar Crime & Government Investigations (New York) Ken Salazar: Natural Resources & Environment (Colorado) Matthew Schnall: Tax (Massachusetts) Mark Selwyn: Intellectual Property: Patent (California) Howard Shapiro: Litigation: White - Collar Crime & Government Investigations (District of Columbia) John Sigel: Bankruptcy / Restructuring (Massachusetts); Banking & Finance (Massachusetts) Steven Singer: Life Sciences: Corporate / Commercial (Nationwide) Erin Sloane: FCPA (Nationwide); Litigation: White - Collar Crime & Government Investigations (New York) Andrew Spielman: Natural Resources & Environment (Colorado) Danielle Spinelli: Appellate
Law (Nationwide); Native American
Law (Nationwide) Wayne Stoner: Intellectual Property (Massachusetts) Tim Syrett: Antitrust (Massachusetts) Heather Tewksbury: Antitrust (California); Antitrust: Cartel (Nationwide) Naboth van den Broek: International
Trade:
Trade Remedies &
Trade Policy (Nationwide) Seth Waxman: Appellate
Law (Nationwide); Native American
Law (Nationwide) Harry Weiss: Securities: Regulation: Enforcement (Nationwide) David Westenberg: Corporate / M & A: Capital Markets (Massachusetts) Kimberly Wethly: Employee Benefits & Executive Compensation (Massachusetts) Amy Wigmore: Intellectual Property: Litigation (District of Columbia) Roger Witten: FCPA (Nationwide) Jonathan Wolfman: Corporate / M & A (Massachusetts) Paul Wolfson: Appellate
Law (Nationwide) Heather Zachary: Telecom, Broadcast & Satellite (District of Columbia); Privacy & Data Security (Nationwide)
Practice areas ranked in the 2017 edition of Chambers USA: Nationwide Antitrust Antitrust: Cartel Appellate
Law Capital Markets: Derivatives Corporate Crime & Investigations FCPA Financial Services Regulation: Banking (Compliance) Financial Services Regulation: Banking (Enforcement & Investigations) Financial Services Regulation: Broker Dealer (Compliance & Enforcement) Financial Services Regulation:
Consumer Finance (Compliance & Litigation) Government: Government Relations Intellectual Property International Arbitration International
Trade: Export Controls & Economic Sanctions International
Trade:
Trade Remedies &
Trade Policy International
Trade: CFIUS Experts International
Trade: Intellectual Property (Section 337) Life Sciences Native American
Law Privacy & Data Security Securities: Litigation Securities: Regulation Startups & Emerging Companies California Intellectual Property Corporate / M & A: Venture Capital Colorado Intellectual Property District of Columbia Antitrust Bankruptcy / Restructuring Corporate / M & A & Private Equity Intellectual Property: Litigation Intellectual Property: Patent Prosecution Litigation: General Commercial Litigation: White - Collar Crime & Government Investigations Media & Entertainment Massachusetts Antitrust Banking & Finance Bankruptcy / Restructuring Corporate / M & A Employee Benefits & Executive Compensation Intellectual Property Litigation: General Commercial Private Equity: Venture Capital Investment Real Estate Tax Technology New York Bankruptcy / Restructuring Intellectual Property: Patent Litigation: General Commercial: Highly Regarded Litigation: Securities Litigation: White - Collar Crime & Government Investigations
[22] In public comments regarding the proposed rule, Thomas O. Barnett, United States Assistant Attorney General, et al., wrote, «The Justice Department and the [Federal
Trade Commission] believe that the definition of the
practice of
law should be limited to activities for which specialized legal knowledge and training is demonstrably necessary to protect
consumers and an attorney - client relationship is present.»
Office of Fair
Trading v Ashbourne Management Services Ltd [2011] EWHC 1237 (Ch); [2011] E.C.C. 31; [2011] C.T.L.C. 237 —
Consumer Law (Consumer credit agreements; consumer protection; credit reference agencies; unfair commercial practices; unfair contrac
Consumer Law (
Consumer credit agreements; consumer protection; credit reference agencies; unfair commercial practices; unfair contrac
Consumer credit agreements;
consumer protection; credit reference agencies; unfair commercial practices; unfair contrac
consumer protection; credit reference agencies; unfair commercial
practices; unfair contract terms)
Kristen's litigation experience includes representing individual and corporate clients in cases involving claims of breach of contract,
consumer fraud, unfair
trade practices, violation of federal and state credit reporting
laws, violation of the Fair Debt Collection
Practices Act, professional negligence, business torts, employment discrimination, wrongful termination, violation of wage and hour
law, and violation of non-competition and confidentiality agreements.
Likewise, our experience covers a broad range of substantive areas of
law, including fraud, bankruptcy, media and entertainment,
trade secrets and restrictive covenants, unfair and deceptive
trade practices, RICO, insurance and reinsurance, breach of contract,
consumer protection, product liability, and antitrust, among many others.
In 2012, the Federal
Trade Commission opened an inquiry into data brokers and subsequently recommended that Congress consider enacting a
law «to make data broker
practices more visible to
consumers and to give
consumers greater control over the immense amounts of personal information about them collected and shared by data brokers.»
Rosenblum said her office is looking at whether misuse of Facebook users» data violated a new Oregon
law that makes it an unlawful
trade practice for a business to collect, use or dispose of a
consumer's information in a manner inconsistent with the business's own privacy policy as published on its website.
The court also rejected the Brokers argument that the
Consumers had failed to plead the public interest prong of the state's deceptive
trade practices law because the Brokers had provided the disclosures required by the state property condition disclosure
law.