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21 Mar 2023, 7:48 am
The Magnuson-Moss Act of 1975 subsequently affirmed the FTC’s rulemaking authority and specified some trial-type procedures for rulemaking with respect to unfair or deceptive acts or practices, but not with respect to unfair methods of competition. [read post]
17 Mar 2023, 12:08 pm
Moss is right: there is more to see than we have seen. [read post]
13 Mar 2023, 6:05 am
[This post gives an overview of the #ABATECHSHOW 2023 presentation Accessibility in Legal Tech by attorneys Haley Moss and Lisa Mueller, based on a summary by ChatGPT as edited by Carolyn Elefant] Disability Definitions The speakers opened the session with some foundational definitions: Disability – According to the Americans with Disabilities Act of 1990: A… The post Disability and Legal Tech Design appeared first on My Shingle. [read post]
6 Mar 2023, 7:02 am
” As a result, Finster asserts claims for violations of state consumer fraud acts, deceptive acts and unlawful practices pursuant to NY GBL §§ 349, 350, fraud, unjust enrichment, breach of implied and express warranties, and violations of the Magnuson Moss Warranty Act. [read post]
5 Mar 2023, 5:36 am
The United States District Court for the District of Columbia (judge Randolph Moss) granted and denied in part a motion to dismiss claims In this breach of contract action, Plaintiff John M. [read post]
3 Mar 2023, 6:45 am
In addition to giving a speech at the conference, she sat down with Michael Caruso, Henry Bell, Margot Moss, and others as part of DOJ's "Gideon Tour. [read post]
22 Feb 2023, 2:12 pm
In that case, a putative class action filed in the US District Court for the Central District of California in January 2021, the plaintiff vehicle owners claimed that the manufacturer had manipulated their vehicle batteries through unauthorized software updates that resulted in diminished battery capacity in violation of the CFAA, as well as breach of warranty in violation of the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Act. [read post]
13 Feb 2023, 8:32 am
Amended Rules, Mag-Moss vs. [read post]
12 Feb 2023, 11:19 am
Insurance agent negligence cases typically come to me with the following question: “Chip, I think the agent messed up. [read post]
1 Feb 2023, 4:30 am
Moss’ presentation expressed skepticism about vertical-merger efficiencies and called for more aggressive challenges to such consolidations. [read post]
31 Jan 2023, 6:28 pm
” Her complaint alleges claims of (1) Illinois Consumer Fraud and Deceptive Business Practices Act, (2) Violation of State Consumer Fraud Acts, (3) Breaches of Express Warranty, Implied Warranty of Merchantability/Fitness for a Particular Purpose and Magnuson Moss Warranty Act, (4) Negligent Misrepresentation, (5) Fraud, and (6) Unjust Enrichment. [read post]
27 Jan 2023, 2:59 pm
Second, five of the eight complaints were brought before the 1975 Magnuson-Moss Act amendments to the FTC Act that, among other things, revised the standards for finding conduct “unfair or deceptive” under Section 5. [read post]
25 Jan 2023, 9:46 am
In Leflar,the complaint alleges that Target violated the Magnuson-Moss Warranty Act’s Pre-Sale Availability Rule (“PSAR”). [read post]
23 Jan 2023, 9:05 pm
When Taylor Swift announced her upcoming Eras Tour, fans knew they would have to be vigilant to score tickets. [read post]
18 Jan 2023, 10:24 am
Magnuson-Moss Warranty Act claims failed because the statement “No Preservatives” didn’t meet MMWA’s definition of a “written warranty,” which is “any affirmation of fact or written promise ... which ... affirms or promises that such material ... will meet a specified level of performance over a specified period of time. [read post]
17 Jan 2023, 9:49 am
Notably, starting with a statement of regulatory priorities submitted to OMB in December 2021, the FTC has said repeatedly that it may launch multiple competition rulemakings based on this authority (as well as multiple consumer protection rulemakings based on its Magnuson-Moss authority, which it has done). [read post]
11 Jan 2023, 3:03 am
In doing so, Judge Amon determined the amount of unpaid contributions based solely on a Marshall & Moss audit of Reem Plumbing and Reem Contracting (2009 WL 10700668, * 13, 2009 US Dist LEXIS 154698, * 40-41 ). [read post]
10 Jan 2023, 10:15 am
Ezjehn Moss: Security Failure? [read post]
9 Jan 2023, 10:14 am
They sued under the Magnuson-Moss Warranty Act, various state statutes and for unjust enrichment. [read post]
9 Jan 2023, 3:00 am
In doing so, Judge Amon determined the amount of unpaid contributions based solely on a Marshall & Moss audit of Reem Plumbing and Reem Contracting (2009 WL 10700668, * 13, 2009 US Dist LEXIS 154698, * 40-41 ). [read post]
