May 1, 2016

How Companies Prohibit You From Suing Them and What the Feds Are Doing to Change It

Have you ever used a credit card? Or signed up for a phone plan? Opened a bank account? Chances are, you also agreed to never sue the company that offered you the service. A massive number of everyday services require us to agree with some kind of written contract. From more significant decisions like taking a loan, to the most trivial, like updating iTunes. The government is now …


Lawsuit Prompts Arby’s to Stop Using ‘Eat Your Bourbon’ Slogan

Arby’s Restaurant Group has agreed to stop using the slogan “Eat Your Bourbon” to market its bourbon bacon sandwiches, according to Matt Jamie, owner of Louisville-based Bourbon Barrel Foods. Jamie’s company sued the Atlanta-based fast food chain for trademark infringement on Wednesday. A day later, Arby’s said it would stop using the trademark and the two sides have …


Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5, 2016, the CFPB followed up by releasing a proposed rule that would ban consumer financial services providers such as banks, credit card issuers, and small-dollar lenders …


Regulators Want Easier Path to Suing Banks

The nation’s top consumer financial regulator wants to put a stop to that. The Consumer Financial Protection Bureau proposed a rule Thursday that would ban arbitration clauses, which would affect the entire financial industry and the hundreds of millions of bank accounts, credit cards and other financial services …


Plaintiff’s Death Dismisses Potential TCPA Class Action

A New York court has dismissed the lawsuit of a man who died before certification of a class in his claim against a company that allegedly violated the Telephone Consumer Protection Act. The plaintiff, Mark Hannabury, sued Hilton Grand Vacations over two calls to his cell phone, attempting to sell interests in timeshare properties. Hannabury allegedly was …


State Files Lawsuit Against Ohio Financial Services Company

The state Attorney General’s Office has filed a civil lawsuit against a financial services company and its owner. The allegation: that at least four consumers, three of whom are military veterans, were bilked out of nearly $25,000. The lawsuit filed against James Wallace and Ohio-based Wallace Marketing Group is the result of an investigation by the AG’s Bureau of Consumer Protection.