Former Prices: A Class Action Trap

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Do you promote “former prices” to underscore the bargains you’re offering?  If so, you should be on high alert.  Increasingly, lawyers are targeting these kinds of promotions for sweeping class action lawsuits.

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Arbitration Redux: Supreme Court Speaks Again

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Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer.  Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...

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Arbitration Clauses Under Attack, Again

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David W. Bertoni: On November 7, 2014, I wrote about the implications for direct marketers of the FTC’s case against AT&T for unfair and misleading trade practices.  (To bring you up to speed, since that time, the federal court rejected AT&T’s motion to dismiss claims based upon so-called “data throttling” on the grounds of its...

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