Antitrust & Trade Regulation Report Index-Summary

DAMAGES

– Expert testimony re lost sales in boycott not accepted (W.D. Okla.), 96:15
– FACTA, sliding scale of statutory damages and potential double punishment not unconstitutional (N.D. Ill.), 96:211
– FCRA, questions of excessiveness and vagueness not ripe at summary judgment stage (11th Cir.), 96:458
– Gasoline costs, conflicting evidence requires additional briefing (D. Ariz.), 96:116
– Publication paper, antitrust class settlement award trebled (D. Conn.), 97:143
– Truth in Lending Act (U.S., rev den), In Brief, 96:298
– Wis., unauthorized auto repairs, pecuniary loss is entire amount of charges (Wis. Ct. App.), 96:483

DATA SECURITY

– Cloud computing, FTC investigating remote data management, 96:453
– Computer equipment seller settles data breach and deceptive statements claims (FTC), 96:133
– Conference to be sponsored by FTC, OECD, and APEC, 96:249
– Discount retailer, banks opting out of settlement class may pursue limited claims (1st Cir.), 96:356
– Federal standards and breach notification requirements

See LEGISLATION, FEDERAL, HR 2221

– Hacker indicted for credit and debit card data theft (D.N.J.), 97:202
– Health care data, FTC proposes new breach notification rule, solicits comments, 96:370; final rule issued, 97:196
– Mortgage companies

– – Disposal, mortgage broker cited for failures (D. Nev.), 96:63
– – Gramm-Leach-Bliley violations found in handling of personal data, mortgage lender settles claims (FTC), 96:451

– National Data Privacy Day recognized, In Brief, 96:91

DEALERSHIPS

See MOTOR VEHICLES

DEBIT CARDS

See CREDIT CARDS

DEBT COLLECTION

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– FTC Roundtable, In Brief, 97:298
– International payday lender settles FTC charges (D. Nev.), 97:333
– TCPA, prerecorded calls to cell phone without consent is violation (W.D.N.Y.), 97:479
– Unifund, class certified (D. Neb.), In Brief, 97:237
– Utah, service of process, falsified documents not covered by baby FTC act (Utah), 96:409

DECEPTIVE PRACTICES

See specific actions and industries

DEFENSE INDUSTRY

See ARMED SERVICES

DENTAL CARE

– La., FTC urges rejection of bill to restrict in-school care for children, 96:462

DEPARTMENT OF

See specific department e.g., JUSTICE DEPARTMENT (DOJ)

DIETARY SUPPLEMENTS

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

DIRECTORS

See CORPORATE GOVERNANCE

DISCLOSURE

– Credit repair

See CREDIT REPAIR ORGANIZATIONS ACT (CROA)

– DRAM patents, FTC claims re anticompetitive effects of alleged deception of standards-setting organization fail (U.S., rev den), 96:184; claims by competitors fail (N.D. Cal.), 96:266
– Gasoline damages, conflicting evidence requires additional briefing (D. Ariz.), 96:116

DISCOVERY

– Class action, depositions and reports make testimony on certification question moot (N.D. Cal.), 97:295
– Electrical carbon products, nonparty witnesses may be deposed re price fixing allegations (D.N.J.), 96:223
– FDCPA (D. Conn.), In Brief, 97:365
– Genetically modified seeds, Monsanto must search records of subsidiaries and licensees (E.D. Mo.), 96:449
– Jeans, retailer customer lists are protected trade secrets (Cal. Ct. App.), 96:221
– Jurisdiction, diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 96:85
– Rail fuel surcharges, proposals for bifurcated and phased discovery rejected (D.D.C.), 97:38
– Tobacco Master Settlement Agreement, order to withhold econometric data of original participant from competitor upheld (S.D.N.Y.), 96:109
– Transparency, DOJ official cites need for communication in enforcement proceedings, 97:308
– Whole Foods/Wild Oats merger, data sought from rival markets to prove competition, 96:42

DISTRICT OF COLUMBIA

– Consumer Protection Procedures Act, injury not required to bring claim (D.C.), 97:366

DIVESTITURES

See EU MERGER APPROVAL; specific industries

DOJ

See JUSTICE DEPARTMENT (DOJ)

DRUGS

See PHARMACEUTICALS

DUE PROCESS

– Cal., Seller Assisted Marketing Plan Act language not unconstitutionally vague (Cal. Ct. App.), 96:92
– Damages

– – FACTA, sliding scale and potential double punishment not unconstitutional (N.D. Ill.), 96:211
– – FCRA, questions of excessiveness and vagueness not ripe at summary judgment stage (11th Cir.), 96:458

– Md. funeral home ownership restrictions do not violate Due Process (4th Cir.), 96:355