Posts tagged with: "misleading+or+deceptive+conduct" Results 321 - 340 of 1,900
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13 Nov 2018, 4:17 pm by Jon L. Gelman
”Among other allegations, the State’s complaint highlights the following harmful conduct by Janssen:Two types of deception. [read post]
25 Aug 2016, 6:34 am by Rebecca Tushnet
  But the court of appeals has said: “Falsity alone does not make a false advertising claim viable; ‘[u]nder either theory [of falsity], the plaintiff must also demonstrate that the false or misleading representation involved an inherent or material quality of the product. [read post]
15 Apr 2009, 3:31 am
Your summary is misleading as the Default Judgment was only against The Estate Plan. [read post]
31 May 2017, 10:44 am by Rebecca Tushnet
”  Plaintiffs alleged that the CFPB made false or misleading claims about its “fair enforcement of its rules regarding professional conduct and its adherence to the Disciplinary Rules. [read post]
31 May 2019, 9:33 am by Rebecca Tushnet
Wyndham alleged that defendants ran false and misleading advertising, purporting to have “safe,” “legitimate,” or “guaranteed” means of “exiting” Wyndham owners from their timeshare contracts. [read post]
12 Apr 2011, 2:07 pm by admin
In Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74 Justice Finkelstein of the Federal Court fined Allergy Pathway Pty Ltd (formerly known as Advanced Allergy Elimination) and its director, Mr Paul Keir, $7,500 each for contempt of undertakings made to the court following a successful 2009 Australian Competition and Consumer Commission action for false, misleading and deceptive conduct. [read post]
4 Jan 2014, 6:26 am by Mark S. Humphreys
The jury found that State Farm had engaged in unfair or deceptive acts and that such conduct was a producing cause of damages to Terri Beaston. [read post]
7 Apr 2011, 5:54 am by Sean Wajert
A New Jersey federal recently dismissed a putative class action accusing The Coca-Cola Co. of misleading consumers about the health value of the carbonated beverage Diet Coke Plus. [read post]
12 Oct 2021, 5:32 am by Rebecca Tushnet
“To the extent that Defendants now market other ‘free’ services in a misleading way, another lawsuit against them may be possible. [read post]
26 Oct 2017, 1:26 pm by John L. Culhane, Jr.
The FTC claimed that the following conduct by VMI constituted false, misleading or deceptive acts or practices in violation of Section 5: Representing that its search tool only searched schools that met VMI’s “military friendly” criteria. [read post]
3 Mar 2014, 9:48 am by Rebecca Tushnet
Natrol didn’t lose customers because of NPI’s conduct; rather it put a product on the market with misleading claims. [read post]
19 May 2022, 3:34 pm by Michael Gordon and Scott A. Coleman
  The FDIC also states that it recognizes the importance of working with other federal and state agencies to address false, misleading, or otherwise deceptive representations regarding deposit insurance and indicates that conduct that violates the FDIA’s prohibition could violate other statutory schemes such as the CFPA and Section 5 of the FTC Act. [read post]
11 Oct 2022, 9:09 am by Rebecca Tushnet
Tofurky argued that “the State may not place an absolute prohibition on speech that is potentially misleading if the information may also be presented in a way that is not deceptive. [read post]
31 Mar 2011, 7:59 am by Richard Alderman
Apparently, the fact that consumers successfully use the DTPA against false, deceptive and misleading conduct in connection with the single largest purchase they make requires we no longer apply that law. [read post]
The Securities and Exchange Commission today barred a New York-based attorney from appearing or practicing before it and acting as an officer or director of a public company after finding that he made false and misleading statements in corporate filings. The SEC’s order finds that David Lubin committed fraud while serving as a director and corporate counsel of Entertainment Art, a public company in which Lubin also was a large shareholder.  Lubin negotiated the sale of all of the outstanding stock of Entertainment Art, including both restricted and previously registered shares that were purportedly “free trading,” to an acquaintance interested in purchasing shell companies.  Absent a valid exemption, common ownership of all of the shares of a public company would require the owner to register the shares for resale to the public.  According to the SEC’s order, Lubin fraudulently misrepresented in Entertainment Art’s corporate filings that the purportedly free-trading shares had not been purchased by the acquaintance.  This left the false impression that those shares remained immediately available for public resale.  During the next two years and until he left the company, Lubin drafted and signed SEC filings that continued to lie about the true ownership of the company’s stock. According to the SEC’s order, soon after the company was renamed Biozoom, more than 14 million shares were resold to the public in an illegal unregistered distribution for illicit proceeds of $34 million.  The SEC froze assets from the unregistered sales in 2013. “As the SEC's order notes, Lubin drafted and signed misleading public filings and masked the true ownership and restricted nature of a significant portion of the company’s stock,” said Antonia Chion, Associate Director in the SEC’s Enforcement Division.  “Lubin’s deception led to many of these same shares being illegally resold to the general public by others a few years later.” The U.S. Attorney’s Office for the Southern District of Florida today announced criminal charges aga
19 Jul 2017, 3:11 pm by Mark Astarita
  “Lubin’s deception led to many of these same shares being illegally resold to the general public by others a few years later. [read post]
18 Mar 2008, 9:08 am
  First, the Court held that the law's prohibition of "deceptive conduct" was not limited to misstatements or omissions; all deceptive conduct is prohibited. [read post]
10 Apr 2024, 7:02 am by Unknown
Under Section 17 of the Securities Act, the jury was required to find:That the defendant, in the offer or sale of UST, LUNA, or wLUNA, made at least one false or misleading statement or misleading conduct regarding a material matter for the purpose of obtaining money or property;That the defendant acted intentionally, recklessly, or negligently;That the defendant caused to be used the mails or an instrumentality of interstate commerce. [read post]
18 Sep 2020, 7:58 am by Brielle A. Basso
Specifically, the “foist[ing]” of past purchasers “into an unwelcome dilemma”—a “Catch-22”—in which “[t]he only way a consumer could enjoin deceptive conduct would be if he were made aware of the situation by suffering injury. [read post]
18 Sep 2020, 7:58 am by Brielle A. Basso
Specifically, the “foist[ing]” of past purchasers “into an unwelcome dilemma”—a “Catch-22”—in which “[t]he only way a consumer could enjoin deceptive conduct would be if he were made aware of the situation by suffering injury. [read post]