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Morrison Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.

May 06, 2019 - Internet of Things, FTC
Bad Influence: Complying with FTC’s Endorsement Guide
By: Claudia M. Vetesi
Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing industry is a multibillion-dollar industry according to some industry reports stating it is projected to generate
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April 26, 2019 - Appellate & Supreme Court, Arbitration
Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration
By: Adam J. Hunt
The Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration rulings from the Supreme Court over the past decade, including American Express Co.
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April 09, 2019 - Consumer Products, CPSC
Ready, Set, Report! Seventh Circuit Considers When a Claim First Accrues for Failing to Report a Product Hazard
By: Erin M. Bosman and Julie Y. Park
Consumer products companies are familiar with the reporting requirement under Section 15(b) of the Consumer Product Safety Act (the Act), but when does that obligation kick in for statute of limitations purposes? The Seventh Circuit considered this question when it heard arguments on when
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April 02, 2019 - Privacy, FTC
FTC Releases 2018 Privacy and Data Security Update Report
By: Julie O'Neill
With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides
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April 01, 2019 - Product Liability
Erin Bosman and Julie Park Receive “Readers’ Choice” Award
We’re proud to announce that the online platform JD Supra has named Class Dismissed editors and frequent contributors Erin M. Bosman and Julie Y. Park as recipients of the 2019 Readers’ Choice Awards. They were chosen from among the numerous writers who publish on
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March 20, 2019 - TCPA
Is a TCPA Overhaul on the Horizon?
By: Tiffany Cheung
On January 16, Senators John Thune and Ed Markey reintroduced a bipartisan bill designed to update the Telephone Consumer Protection Act (TCPA) and ramp up enforcement against unwanted robocalls and text messages.[1] Purpose of TRACED The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
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March 14, 2019 - Internet of Things, Product Liability, Consumer Products, CPSC
CPSC Acting Chair Buerkle’s Priorities Include IoT and Furniture Safety
By: Erin M. Bosman and Julie Y. Park
At a recent product safety conference, Ann Marie Buerkle, Acting Chair of the U.S. Consumer Product Safety Commission (CPSC), announced CPSC’s priorities for 2019. These include technology—both for consumers and within the agency—as well as window coverings and furniture tipover. Buerkle surprised the audience
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March 11, 2019 - Privacy, Consumer Products
California Seeks to Strengthen Tough Privacy Laws
By: Purvi G. Patel
If you thought California’s privacy laws couldn’t get any tougher, think again. The California Legislature has proposed amendments to the California Consumer Privacy Act and additional privacy bills that could expand businesses’ privacy and data security obligations and heighten liability for noncompliance. These proposals confirm
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March 08, 2019 - Privacy, Consumer Products
California Attorney General Holds Final CCPA Forum in Stanford
By: Purvi G. Patel and Mary Race
The California Attorney General (AG) held its final public forum on the California Consumer Privacy Act (CCPA) in Stanford on March 5, 2019. The Stanford forum was well attended, with over 100 people in the audience, and it featured 22 individuals speaking for two
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March 05, 2019 - Privacy, FTC
Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million
By: Julie O'Neill
The cost for violating the Children’s Online Privacy Protection Act (COPPA) has been steadily rising, and companies subject to the law should take heed. Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the mobile app company Musical.ly for
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