Antitrust & Trade Regulation Report Index-Summary

FACSIMILES

See FAXES

FACT ACT

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Cellular telephones, proposed Verizon settlement of expiration date claims vacated (W.D. Pa.), 94:618
– Electronic commerce, confirmation e-mail of online sale provides no receipt (S.D. Fla.), 95:67
– Grocer receipts, class certified to bring FACTA violation charges (N.D. Ill.), 94:389
– Identity theft, red flag prevention programs

– – Compliance to be clarified by FTC, 95:37
– – Enforcement of rules delayed by FTC, 95:380

– Restaurant receipts

See RESTAURANTS

– Risk-based notice, FTC and Fed propose rules, 94:493

FAIR CREDIT REPORTING ACT (FCRA)

– Accessing credit reports for loan solicitations, class certified (E.D. Wis.), 94:296
– Emotional distress, jury award against Equifax reduced (4th Cir.), 94:13
– Firm offer of credit, qualifications set out (7th Cir)., 94:391
– Preemption of defamation and privacy claims interpreted (11th Cir.), 94:182
– Restaurant receipts

See RESTAURANTS

– Risk-based notice, FTC and Fed propose rules, 94:493
– Willfulness of violation by mortgage insurer (U.S., judg vac), 94:596

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Abusive calls and misleading dunning letters, Rawlins & Rivera settle charges (M.D. Fla.), 94:107
– Attorneys

– – Bona fide error defense denied for attempted collection of unauthorized legal fee (9th Cir.), 95:68
– – Discovery orders, sanctions for noncompliance (U.S., rev den), In Brief, 94:249
– – Fees, reduced award upheld (11th Cir.), 94:180
– – Legal Department, use of term may imply letter came from attorney (3d Cir.), 95:208
– – Piercing corporate veil, LLC member may be held liable under Act (6th Cir.), 94:244
– – Rule 68, fees and costs limited to hours before settlement offer (E.D. Cal.), 94:516

– Bankruptcy, debt subject to, attempt to collect violated Act (S.D. Ind.), 94:242
– Class actions

– – Administration of class funds, request to set procedures premature (E.D. Wis.), 94:294
– – Certification of class challenging I.C. Sys. collection letters affirmed (N.D. Ill.), 95:6
– – Subsequent debt collector must comply with validation notice requirements of §1692g, recovery small (D.N.J.), 95:312

– Commercial debt, early morning phone calls not actionable (N.D. Ill.), In Brief, 94:78
– Consumer debt

– – Damages and other relief not available (M.D. Pa.), 95:336
– – Household and family purchases, creditor must defend charges (M.D. Fla.), 94:139

– Discovery to identify collector allowed (D.N.M.), 94:444
– Dispute period illegally shortened (2d Cir.), 94:214
– Foreclosure, homeowner association attorney fees exceed state law, In Brief (U.S., rev den), 95:364
– FTC submits annual report to Congress, 94:323
– Proof of debt lacking, dismissal of claims (U.S., rev den), 94:182
– Settlement options to avoid foreclosure, FTC advises on proper communication, 94:324

FALSE ADVERTISING

– Author motion to restrain consumer protection officials denied (N.D.N.Y.), 94:250
– Beverages

See BEVERAGES

– Business opportunities

See BUSINESS OPPORTUNITIES

– Computers

See COMPUTERS

– Credit repair, Operation Clean Sweep, FTC and states file complaints, 95:378
– Dietary supplements

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

– Grooming, Listerine users, class lacks similarity (Mass. App. Ct.), 94:276
– Internet purchases

See ELECTRONIC COMMERCE

– Motor vehicles, used, FTC seeks comments on sales rule, 95:68
– Package claims

See PACKAGING AND LABELING

– Pharmaceuticals

See PHARMACEUTICALS

– Phone directory service will pay penalty to settle charges (N.Y. Sup. Ct.), 94:497
– Spam

See SPAM

– Tobacco

See TOBACCO INDUSTRY

– Travel club memberships, jury verdict not reinstated (Tex. Ct. App.), 95:73
– Water treatment device, advertising claims (U.S., rev den), 94:423
– Weight loss products

See WEIGHT LOSS PRODUCTS

FAXES

– Assigned TCPA claims properly dismissed (U.S., rev den), 94:44
– BioPay case, class decertified over consent issues (5th Cir.), 95:190
– Class certification motion survives challenge to standing (N.D. Ill.), 94:421
– Due process, TCPA statutory penalty not invalid (N.D. Ill.), 94:206
– Insurance, defense duty, jurisdiction over TCPA declaratory suit declined (S.D. Ohio), 94:21
– Liquidated damages, TCPA claim may not be assigned (Colo.), 94:275; (U.S., rev den), 95:332

FCC

See FEDERAL COMMUNICATIONS COMMISSION (FCC)

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEDERAL COMMUNICATIONS COMMISSION (FCC)

– Media ownership, disapproval of rule to ease 1975 ban

See LEGISLATION, FEDERAL, SJRes 28

– Radio

See RADIO

– Telemarketing

See TELEMARKETING

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL TRADE COMMISSION (FTC)

– Administration

– – ALJ McGuire to retire, In Brief, 95:143
– – Budget for FY 2008 proposed, 94:128; Senate panel hears testimony on budget increase, 94:491
– – Chair Majoras to leave, 94:206; Kovacic to succeed Majoras, 94:315; Kovacic takes office, In Brief, 94:346
– – Privacy and Identity Protection head Winston honored for meritorious service, In Brief, 95:364
– – Reauthorization

See LEGISLATION, FEDERAL, S 2831

– Enforcement policy

See also specific industries
– – Agency self-assessment criteria discussed, 94:622
– – Annual consumer protection week observed, 94:246
– – Consumer credit, risk-based notice, FTC and Fed propose rules, 94:493
– – Consumer protection report issued, 94:346
– – Cybercrime combat warrants stronger tools, former commissioner says, 95:363
– – Deception standards of FTC not vague and overbroad (N.D. Ga.), 94:623
– – Do-Not-Call Registry

See TELEMARKETING

– – Identity theft

See IDENTITY THEFT

– – Online marketing, FTC proposes principles to encourage industry self-regulation, 94:16; comment period extended, In Brief, 94:183; Senate panel holds hearing on proposal, 95:37
– – Patents, refusal to license Ethernet standard, unfairness doctrine applied (FTC), 94:71; comment period extended, In Brief, 94:184
– – Premerger notification

See PREMERGER NOTIFICATION

– – Regulatory review for 2008 to be published, In Brief, 94:249
– – Scope of FTC Act Section 5, workshop set, In Brief, 95:213
– – Taxation, FTC denies request to develop rule for qualified intermediaries, 95:210
– – Trends discussed ABA meeting, Special Report, 94:347

FEES

– Legal

See ATTORNEYS' FEES

FINANCE INDUSTRY

See BANKING

FINLAND

– Media pluralism program, state aid cleared, 94:539

FIRST AMENDMENT

– Automated dialing systems, TCPA issue certified to U.S. Atty. Gen. (10th Cir.), 94:239

FLORIDA

– Debt collection, consumer debt, FDCPA and state charges against creditor may proceed (M.D. Fla.), 94:139
– Health care, certificate of need to open or expand facility, FTC supports Fla. plan to curtail, 94:423
– Mortgages, foreclosure rescue scams, six Fla. firms charged (N.D. Ill.), 94:244
– Phone records, hiring of pretexters, FTC settles charges with Fla. firm (M.D. Fla.), 94:554
– Telemarketing, ban on interstate prerecorded calls not barred (U.S., rev den), In Brief, 94:499

FOIA

See FREEDOM OF INFORMATION

FOOD

– Beverages

See ALCOHOLIC BEVERAGES; BEVERAGES

– Debt collection, FTC holder rule limits recovery to amounts paid by debtor (Neb. Ct. App.), 95:243
– European Union (EU) raids cereal distributors, 95:49
– France urges fruit and vegetable producers to reorganize sector, 94:505
– Grocery stores

See GROCERY STORES

– Italy

– – Bread makers fined for cartel conduct, 95:22
– – Cheese makers request suspension of anti-collusion laws to increase prices, 95:390

– Marketing, children targeted to ads for soda, fast food, and cereal, FTC report finds, 95:111
– Mergers

– – Beef packers, DOJ and states seek to prevent JBS/NBP consolidation (N.D. Ill.), 95:377
– – McCormick acquisition of Unilever and Adolph salts requires divestiture (FTC), 95:113

– Monopolization

– – Ice making machines, Manitowoc must divest in bid for Enodis (D.D.C.), 95:335
– – Kosher food market, terminated distributor lacks standing (S.D.N.Y.), 94:253

– Price fixing

– – Banana importer cartel fined, 95:365
– – Claims by aspartame purchasers time-barred (E.D. Pa.), 95:210

– Restaurants

See RESTAURANTS

– United Kingdom (UK)

– – Consolidation in alginates sector cleared, 95:128
– – Long Clawson/Millway merger, Competition Comm'n investigates, 95:344
– – Scottish dairies, Office of Fair Trading closes price fixing investigation, 95:391

– Weight loss claims

See WEIGHT LOSS PRODUCTS

FOREIGN DIRECT INVESTMENT

– Canada

– – Open approach urged by Conference Bd. of Canada, 94:453
– – Positive merger and acquisition results reported, 94:117

FOREIGN TRADE ANTITRUST IMPROVEMENTS ACT (FTAIA)

– Semiconductors, FTAIA dismissal of foreign DRAM buyers claims affirmed (9th Cir.), 95:196

FRANCE

– Air France/KLM offers divestitures for VLM Airlines acquisition, 94:506; peak time slots transfer to Eastern accepted, 95:419
– Alcoholic beverages, Pernod Ricard/V&S Vin & Spirit, divestitures required (FTC), 95:83
– Bid rigging for public housing cleaning contracts, fines imposed, 94:634
– Chemicals, state aid for nanomaterials research approved, 94:584
– Commitment procedures, comments sought, 94:196
– Competition Council

– – Chair attacks state interference in economy, 94:86
– – Compliance program adoption, focus sharpened, 95:271; approaches to fostering compliance examined, 95:296
– – Report for 2007 issued, 95:48

– Electrical carbon products, alleged French cartel participant subject to suit in U.S. (D.N.J.), 95:247
– Food

– – Fruit and vegetable producers urged to reorganize sector, 94:505
– – Grocery stores, competition study released, 94:280; draft law adopted, 94:477

– Gaz de France, EU opens dominance abuse probe, 94:535
– Health care, doctors unions fined for cartel conduct, 94:377
– Internet, high-speed fiber optics, probe will not include temporary measures, 94:196
– Motor vehicles, state aid for engine efficiency research approved, 94:630
– Plywood cartel, one firm granted leniency, 94:563
– Publishing industry

– – Book exporter need not reimburse government subsidies, 94:283
– – Press distributor allows rivals access to computer system, 94:258

– Railroads

– – Freight transport, state aid approved, 94:537
– – Wagon maker, France asked to recover state aid, `94:377

– State aid, two new areas for regional map authorized, 94:585
– Telecommunications

– – Mobile phone operators accused of collusion, 94:257
– – Research and development program, EU approves state aid, 94:170
– – State aid, EU probes France Telecom pension financing, 94:534

– Television programs, distribution not barred, 94:507
– Toy makers and retailers, cartel fines imposed, 94:27
– Transportation

– – Goods, state aid approved, 94:635
– – Taxi driver group fined for barring entry of new drivers, 95:391

FRANCHISING

See specific industries

FRAUD

See also specific industries
– Aviation fuel, Defense Dept. contractors arrested for conspiring to steal data on supply contracts (D. Md.), 94:8
– Book sales, injury in fact and causation needed for consumer claim standing (Cal. Ct. App.), 94:57
– Consumer fraud prevention, FTC best practices forum set, 95:364
– Cross-border fraud

See CROSS-BORDER FRAUD

– Debt collection

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Debt reduction services, phony, FTC settles with two firms (D. Colo.), 94:160
– False advertising

See FALSE ADVERTISING

– Franchise termination, fraud claim against heating and cooling firm denied (N.D. Ohio), 94:651
– Health care, radiology practice case, discovery of nonparty financial data denied (S.D.N.Y.), 94:464
– Internet

– – Consumer safety, FTC Web site upgraded, In Brief, 95:364
– – E-Rate program bid rigging and fraud, consultant sentenced (N.D. Cal.), 94:295
– – MySpace users subjected to phishing and other scams, advertiser charged with violating 2006 bar (D.N.H.), 94:109
– – States fail to protect consumers from online abuse, groups report, 95:194

– Mortgages

See MORTGAGES

– Payday loans, annual percentage rate data, disclosure ordered (FTC), 94:648
– Spam

See SPAM

– Sweepstakes, phony FTC employees scam collects consumer fees, In Brief, 95:364
– Telecommunications

See TELECOMMUNICATIONS

– Telemarketing

See TELEMARKETING

– Tobacco, smokeless, plaintiff must show reliance on deceptive statements (3d. Cir.), 95:168

FREEDOM OF INFORMATION

– Transportation, Stolt-Nielsen case, FOIA denials for DOJ amnesty pacts vacated (D.C. Cir.), 95:112

FTAIA

See FOREIGN TRADE ANTITRUST IMPROVEMENTS ACT (FTAIA)

FTC

See FEDERAL TRADE COMMISSION (FTC)

FUNERAL INDUSTRY

– FTC closes regulatory review of Funeral Rule, 94:270
– Tying claims over Mich. burial marker and installation properly dismissed (6th Cir.), 94:463

FURNITURE

– Resale price maintenance claims against Herman Miller settled (S.D.N.Y.), 94:374