Sentences with phrase «unfair practices under»

In his diverse practice, Jeff represents clients in disputes related to breach of contract, unfair practices under the Federal Trade Commission Act, employment claims, business torts, copyright infringement, trademark infringement, trade secrets misappropriation and other commercial matters.

Not exact matches

The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.
«President Trump made it clear from day one that unfair trade practices will not be tolerated under this administration,» Commerce Secretary Wilbur Ross said on a conference call with industry executives.
«It is quite clear that these are unfair and abusive practices under federal law,» Cordray said.
There's the Affordable Care Act, Thawed Cuba - American relations, the economy has shown steady growth with unemployment under 5 % for the first time in 8 years, the Iranian Nuclear treaty, same sex marriage, GM is alive and Bin - Laden's dead, updated the Fair Labor Standards act so people get paid for overtime hours... again, Dodd - Frank Wall St reforms, the CARD act to protect credit card users from unfair charges and business practices, etc etc..
A yes vote on Issue 2 will make long overdue reforms to unfair and costly government practices in Ohio, while helping to get government spending under control and making government more accountable to taxpayers.
Our report is intended to both shed light on current civil rights practices under voucher programs, draw attention to the harmful and unfair practices currently supported in certain states and highlight areas where state and federal policy can be improved to better support students with disabilities and their families.»
Further, the court concluded that the rule properly regulates airline cancellation policies because existing airline cancellation and refund practices were deceptive and unfair, and that the regulation was «plainly allowed» under DOT's statute that targets unfair and deceptive practices.
Debtors in New York are protected against unfair collections practices mainly under two different laws: the New York State Debt Collection Procedures Law and the federal Fair Debt Collection Practices Act.
A facilitator of a refund anticipation loan or refund anticipation check may not engage in unfair or deceptive acts or practices in the facilitating of a refund anticipation loan or refund anticipation check, including making any oral statements contradicting any of the information required to be disclosed under this Article.
(f) The violation of any provision of this Article shall constitute an unfair trade practice under G.S. 75 - 1.1 and the violation of any provision of this Article shall constitute a Class I felony.
Under federal law, they can't use abusive, deceptive or unfair practices to collect from you.
The good news is debtors are wising up to the legal rights they have under the law and are willing to fight against abusive, unfair, or deceptive practices debt collectors have used for years.
The States believe the practices prohibited under § 310 (a) are already prohibited by the FTC Act and state unfair and deceptive trade practices statutes.
The States recommend that all parties actively engaged in the sale and delivery of debt relief services be prohibited from engaging in unfair and deceptive trade practices in the telemarketing of debt relief services, either directly or under § 310.3 of the TSR, which applies to those who knowingly assist or support deceptive telemarketing acts or practices.
Collection agencies must comply with the Fair Debt Collections Practices Act (FDCPA) and under the FDCPA the consumer is protected from unfair practices and abuse.
While dogs with a good recall may respond even when exposed to highly distracting stimuli, it would be unfair to practice a recall with a dog with a so - so recall under a heavily distracting area
The Times reports that Disney had already dropped the word «educational» from their marketing of the videos under pressure from the CCFC, but went further to issue the refunds after being threatened with a class action lawsuit for «unfair and deceptive practices
It is important to know your rights under the Fair Debt Collection Practices Act so you can protect yourself from unfair debt collection practices.
The «protectionist instincts» that I and others have are (1) to protect the independence of the bar (sure to be lost eventually under nonlawyer ownership), (2) to protect the health of the legal marketplace (sure to be badly harmed by the cartelization of ABS (see the 5 % commissions charged by the cartel of real estate agencies who still control the vast majority of the realty market, and especially see the ridiculously high costs of dealing with the American title insurance industry where four companies have upwards of 87 % of the conveyancing and title insurance market after first decimating the real estate bar with predatory pricing and other unfair business practices)-RRB-, and (3) to protect the public from those ravages.
To recover damages for a claim under this statute, a plaintiff must prove that the defendant engaged in a deceptive or unfair business practice, which was so severe that it «rises to a level of rascality» which would «shock the conscience» of a judge or juror hearing evidence.
2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.
Although the Belgian trade practices legislation has already been under investigation several times and has even been declared incompatible with the Unfair Commercial Practices Directive (Directive 2005 / 29 / EC) by the EU Court of Justice (e.g. Pelckmans Turnhout NV against Walter Van Gastel Balen NV a.o.; WAMO BVBA against JBC NV and Modemakers Fashion NV; VTB - VAB against Total Belgium, and Galatea against Sanoma Magazines), the Belgian legislator nonetheless «maintained» certain strict rules.
She also has an active trademark litigation practice, litigating claims under the Lanham Act and state unfair competition laws.
Ct. 344, 353 (1996)(insurer did not commit an unfair act or practice by denying defense where there was no coverage under the policy).
Defending against unfair labor practice and other charges under FLSA, Title VII, ADA, FMLA, OSHA and other laws;
Both aggressive and misleading practices are criminal offences under the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)(the 2008 regs).
Eric has served as national counsel coordinating litigation in multiple jurisdictions against claims arising under state - law consumer protection and unfair and deceptive practices laws.
If you have suffered discrimination, harassment, unfair wage or hour practices, retaliation for exercising your legal rights, wrongfully terminated, or otherwise treated unfairly by your employer, then you are entitled to justice and compensation under the law.
These cases often involve claims brought under TILA, HOEPA, RESPA, FCRA, FDCPA, ECOA, the Fair Housing Act, state unfair and deceptive practices statutes (UDAP), privacy laws, and the common law.
He represents and counsels clients in the full range of traditional labor matters, including litigating unfair labor practice cases before the National Labor Relations Board, negotiating labor contracts, assisting in organizing campaigns, developing labor strategies and arbitrating grievances arising under labor contracts.
Won an important appellate victory for financial institution in a claim alleging unfair trade practices under Chapter 93A
His practice focuses on class actions and cases under the Unfair Competition Law (Business and Professions Code Section 17200), and he speaks and writes frequently on those issues.
(10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement.
Defended large - scale retailer and national gas station and convenience store chain in putative state - court action under Florida Deceptive and Unfair Trade Practice Act involving gift cards
Under California's Unfair Competition Law, False Advertising Law and other state and federal consumer protection laws, PSW pursues monetary damages for any type of false advertising, warranty fraud or other dishonest practices, such as those mentioned above.
His commercial practice includes extensive experience litigating matters under California's Unfair Competition Law, Business and Professionals Code section 17200.
To make out valid Consumer Fraud Act (CFA) claim under the Consumer Fraud Act a plaintiff must prove: (1) a deceptive act or unfair practice occurred, (2) the defendant intended for the plaintiff to rely on the deception, (3) the deception occurred in the course of conduct involving trade or commerce, (4) the plaintiff sustained actual damages, and (5) the damages were proximately cause by the defendant's deceptive act or unfair conduct.
The laws around payment under commercial contracts have recently been amended to allow certain representative bodies to challenge the use of «grossly unfair» payment terms and practices.
Both can be illegal in Germany and Switzerland under the respective unfair business practices codes, because the systems do not rely on the sales of goods and services, but on the continuous recruitment of...
The crux of claimants» case was that provisional inclusion in the list was procedurally unfair because the care worker has no right under the statute, or opportunity i practice, to be heard before the provisional listing too place.
Nathaniel has broad experience representing clients in complex civil litigation, such as contract disputes, unfair trade practices, ERISA violations, and actions brought under the False Claims Act.
We also have significant experience in administrative and other regulatory litigation, including agency rule challenges, regulatory investigations under state and federal false claims acts and unfair trade practice statutes, and defending clients in related individual and class action civil suits.
Jean also handles union labor contract negotiations, labor grievance arbitrations, unfair labor practices and other issues under the NLRA.
Under state law, signing consumers up for insurance plans without their affirmative consent is «an unfair method of competition and deceptive practice,» the Commerce Department said in a statement.
In order to recover under the act, a consumer must show that a deceptive or unfair trade practice resulted in the consumer receiving something less than he or she bargained for.
The Supreme Court of Massachusetts held that a landlord was not liable under a state statute making unlawful any «unfair or deceptive acts or practices in the conduct of any trade or commerce» where he leased an apartment to a young, childless couple without disclosing the possibility of lead paint in the apartment.
The Federal Trade Commission has enforcement powers over electronic media, e-commerce, and the Internet under several different acts, and has stepped up efforts to identify unfair and deceptive practices on the Internet, including practices related to how one collects information about consumers.
Thus, the court upheld the award under the unfair trade practices act.
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