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Consumers Beware of Free-Trial or Risk-Free Offers

Being a smart consumer in a world with so many products and services can be somewhat taxing. With so many options available, it is easy to get overwhelmed with major purchase decisions; from the initial research, visiting stores to look at actual products, and then deciding which...
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FTC Obtains Summary Judgment for $6.9 Million Against Telemarketers

  A U.S. District Court in Pennsylvania entered summary judgmentagainst five individuals and the telemarketing operation they ran for violating the FTC Act and the agency’s Telemarketing Sales Rule (TSR).  The court order permanently bars the defendants, who operated under a...
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FTC Goes After Corporate and Individual Defendants for Practice of Debiting Consumers

According to a press release issued by the Federal Trade Commission, a federal court has temporarily halted an operation that allegedly used an intricate web of concealment to debit hundreds of thousands of consumers’ bank accounts and bill their credit cards more than $25...
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Merck Loses Fosamax Trial, Resulting in $285,000 Verdict

In a court room upset, Merck & Co. Inc. lost its second Fosamax lawsuit to a New York resident who claimed she suffered jaw injury due to the side effects of the osteoporosis drug. Reuters reports that the jury awarded the plaintiff $285,000 in the case, which was originally...
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California Supreme Court Holds Employers May Award Liability For Damages In Mixed Motive Cases, But Employees May be Entitled to Injunctive Relief and Attorneys’ Fees

  In Harris v. City of Santa Monica (Feb. 7, 2013) Case No. S181004, the plaintiff, a former Santa Monica city bus driver, alleged that the defendant city had discharged her after learning she was pregnant.  The city argued that it discharged plaintiff for unsatisfactory...
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California Supreme Court Relaxes Parol Evidence Limitation

Overruling a 78-year-old precedent, the California Supreme Court on Monday made it easier for parties to a written contract to claim it was tainted by fraud.  In Riverisland Cold Storage, Inc.v. Fresno-Madera Production Credit Association (Jan. 14, 2013), the justices unanimously...
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Ninth Circuit Affirms Awarding FTC Full Amount Lost By Consumers Instead of Only Disgorgement of Profits

  When calculating sanctions for civil contempt of FTC consent order, district court has broad discretion to use amount of loss by consumers, the Ninth Circuit held in FTC v.EDebitPay LLC (9th Cir. Case No. 11-55431, Aug. 28, 2012). The Federal Trade Commission (FTC) sued...
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Third Circuit Revives Suit Against GSK Over Avandia Injury Costs

Medicare Advantage provider Humana Medical Plan Inc. is allowed under Medicare law to seek reimbursement from GlaxoSmithKline PLC (GSK) for the costs of treating insurance customers who were injured by GSK’s Avandia diabetes drug, a unanimous Third Circuit U.S. Court of...
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Mari Jo Hufford

I want to thank you again for all of your hard work and dedication. It is heartwarming knowing such wonderful people as yourselves. We appreciate everything that was done for us and we are forever grateful to ALL!  
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FTC Is At It Again, Going After “Biz Opp.” Marketers

Utilizing its “shock and awe” practice of filing a complaint under seal, and getting a TRO, asset freeze and expedited discovery, the Federal Trade Commission halted an operation that allegedly lured consumers into spending thousands of dollars for Internet websites and...
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