Antitrust & Trade Regulation Report Index-Summary

FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Brand identifier, FACTA does not prohibit inclusion on receipt (W.D. Mich.), 97:294
– Business customer not entitled to relief (N.D. Ill.), 97:291
– Credit reports, FTC promotes official website for free reporting, 96:240
– Due process, sliding scale of damages and potential double punishment under FACTA not unconstitutional (N.D. Ill.), 96:211
– Personally identifiable information, In Brief, 96:431
– Restaurant suit, class certified, third-party complaint against processing machine provider dismissed (N.D. Ill.), 97:227

FAIR CREDIT REPORTING ACT (FCRA)

– Actual injury not required for claim over incorrect credit report (6th Cir.), 97:259
– Damages, questions of excessiveness and vagueness not ripe at summary judgment stage (11th Cir.), 96:458
– Debt collectors, identity theft victim raises genuine issues re possible FCRA violation (S.D. Ohio), 96:89
– Disposal of personal information, mortgage broker cited for data security failures (D. Nev.), 96:63
– Disputed transaction, bank must defend claims re failure to notify credit reporting agencies (9th Cir.), 97:449
– Employers settle charges over failure to comply with Act while firing (D. Colo.), 97:175
– Insurance, mailing containing firm offer is permissible purpose for obtaining report, dismissal affirmed (3d Cir.), 97:425
– Mortgage lender agrees to comply with FCRA in sending prescreened offers (C.D. Cal.), 97:203
– Power-of-attorney applicants, Bank of America class action settlement approved (E.D. Pa.), 96:111
– Public record vendors, failure to identify by credit reporting agency, consumer class certified (D.N.J.), 97:421
– Towing lien, collector not authorized to obtain credit report (9th Cir.), 96:506
– Trigger leads, state law claims preempted (2d Cir.), 97:397

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Answering machine messages, collector failing to identify not shielded by bona fide error defense (11th Cir.), 97:450
– Attorneys' fees

See ATTORNEYS' FEES

– Bankruptcy, attempt by servicer to collect on non-defaulted, discharged debt not actionable (D. Colo.), 97:115
– Bona fide error defense applies to mistakes of law (U.S., rev grant), 97:7
– Closing argument (11th Cir.), In Brief, 97:297
– Collateral estoppel bars relitigation of statute of limitations question (S.D. Fla.), 96:561
– Communication directed to attorney in foreclosure proceeding not proscribed (U.S., rev den), 97:384
– Consumer debt, failure to establish does not meet evidentiary burden (W.D. Tex.), 97:431
– Default judgment (E.D. Wash.), In Brief, 97:365
– Demand letters

– – Current creditor and correct sum must be identified (M.D. Fla.), 97:330
– – Omission of crucial phrase is violation (E.D.N.Y.), 97:428

– Discovery (D. Conn.), In Brief, 97:365
– Judicial district, no forum abuse where claim filed within county where debtor resides (W.D.N.Y.), 96:110
– Jurisdiction, federal court may hear previously unlitigated claim related to earlier suit (E.D. Wis.), 97:236
– Letters from executives of collection agency not deceptive (3d Cir.), 96:13
– N.J., contractual and statutory attorneys' fees may be collected (D.N.J.), 97:302
– Note inviting voluntary resolution is not violation (E.D. Ark.), 97:360
– Substitute trustee is debt collector under Act (D.D.C.), 97:354
– Tortious conversion (9th Cir.), In Brief, 97:297

FARMING

See AGRICULTURE

FAXES

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

FCC

See FEDERAL COMMUNICATIONS COMMISSION (FCC)

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEDERAL AGENCIES

– Pending rules, In Brief, 96:66

FEDERAL COMMUNICATIONS COMMISSION (FCC)

– Cable wiring, FCC decision finding exclusivity contracts unlawful is not arbitrary (D.C. Cir.), 96:555

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

– Interpretation of markets (D.C. Cir.), In Brief, 96:19

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL TRADE COMMISSION (FTC)

– Adjudicative proceedings, modifications to Rules of Practice adopted, 96:427
– Appointments and personnel

– – Chairman, Leibowitz named, 96:207; interview, 97:149
– – Chief of Staff, Lupovitz named, 96:373
– – Commissioners, Obama expected to name nominees, 97:297
– – Competition Bureau

– – – Acting Director, Wales to step down, 96:328; Feinstein to assume permanent post, 96:373
– – – Deputy Director, Levitas named, 96:506
– – – Senior Deputy Director, Glazer to step down, In Brief, 96:461

– – Congressional Relations Office

– – – Deputy Director, Bailey named, 96:506
– – – Director, Bumpus named, 96:373

– – Consumer Protection, Engle to serve as Acting Deputy Director, Hippsley to serve as Acting Associate Director, 96:114; Vladeck to become Director, 96:373
– – Economics Bureau

– – – Associate Director for Competition Policy, Frankena named, 96:506
– – – Deputy Director for Antitrust, Shelanski named, 96:506
– – – Director, Farrell named, 96:373

– – General Counsel, Tom named, 96:506
– – Policy Planning Bureau, Director, DeSanti named, 96:373

– Behavioral advertising, FTC calls for better self-regulation to avoid mandatory consumer protections, 96:155; FTC sends analysis to House panels for use at joint hearing, 96:620; Boucher (D-Va) says industry steps do not diminish need for regulation, 97:147
– Book advertising, Mirror Image Doctrine rescinded, 96:182
– Cemeteries, FTC offers expertise in aftermath of Burr Oak scandal, 97:120
– Competition policy, industrialized nations participate in forum on financial crisis, 96:224; full report on competition debate issued, 97:24
– Consumer credit and debt, rulemaking authority

See LEGISLATION, FEDERAL, HR 2309

– Consumer Sentinel Data Book released, 96:186
– Credit reports, FTC promotes official website for free reporting, 96:240
– Door-to-door sales, comments sought on revision of Cooling-Off Rule, 96:406
– Endorsements and testimonials, FTC guide updates coming, 97:404
– Enforcement likely to be tougher under new leadership, observers say, Special Report, 97:92
– FACTA study, personally identifiable information, In Brief, 96:431
– Financial fraud, Leibowitz asks for wider rulemaking authority, 96:293; FTC official urges House panel to expand authority, 96:454
– Get rich quick scams, FTC, DOJ, and state officials announce results of joint sweep, 97:11
– Health care

– – Clinical integration program, advisory opinion states plan unlikely to trigger antitrust action, 96:376
– – Electronic health information, comments sought for breach notification rule, 96:370; final rule issued, 97:196
– – Lower costs and increased innovation are benefits of FTC action, official tells Senate panel, 97:62

– Identity theft

– – Red Flags rule, new website launched, In Brief, 96:328; compliance deadline postponed, 96:456; FAQ issued, 96:590; Am. Bar Ass'n urges attorney exemptions, 96:644; enforcement delayed again, FTC faces litigation threat, 97:114; lobbying groups may resort to litigation, Special Report, 97:177; suit challenging rule filed (D.D.C.), 97:257
– – Social Security numbers, FTC recommends legislation, 96:11

– Intellectual property, hearing set, In Brief, 96:159
– Journalism Workshop, In Brief, 97:206
– Jurisdictional thresholds, annual revisions

– – Interlocking directorates, 96:17
– – Premerger notification, 96:12

– Mergers

– – Guidelines, DOJ and FTC to hold joint workshops on horizontal combinations, 97:323; Varney addresses workshop goals, 97:324
– – Study of efficiency claims on FTC staff, 96:130

– Mortgages

– – Nonbank brokers and servicers, FTC rulemaking to include stakeholder questions, 96:324
– – Unfair practices, role of FTC, In Brief, 96:298

– Negative option, FTC seeks comments on rule, 96:482; comments reopened, 97:176
– Officials to attend ICN, In Brief, 96:546
– Oil and gas

– – Fuel Rating Rule, comments sought, 96:190
– – Wholesale petroleum, comments solicited on anti-manipulation rules, 96:398; FTC nears completion on rule with broad oversight, 96:535; rule to prevent manipulation adopted, 97:141

– Privacy

– – Conference to be sponsored by FTC, OECD, and APEC, 96:249
– – Financial services, new consumer protection agency proposed for enforcement, 97:6; FTC would retain key privacy powers, 97:34; Congress expresses concerns over possible duplication of effort, 97:35; further developments, see LEGISLATION, FEDERAL, HR 3126

– Recession, consumer information website launched, In Brief, 96:328
– Resale price maintenance workshops, In Brief, 96:430
– State and federal cooperation, Liebowitz praises endeavors, 97:408
– Stenographic recordation requirement does not preclude use of video (D.C. Cir.), 97:477
– Stimulus scams, FTC warns consumers, 96:215
– Strategic plan adopted, 97:385
– Telecommunications Act, FTC has authority to enforce unfair practices covered by other federal laws (10th Cir.), 97:8
– Textiles, new subclass, In Brief, 96:298

FEES

– Attorneys' fees

See ATTORNEYS' FEES

– Credit cards

See CREDIT CARDS

– Do Not Call Registry, In Brief, 97:206
– Insurance brokerages, fee claims are sufficiently unique for remand (D.N.J.), 96:269; remand ordered, 97:61
– Italy, mobile phone operators fined for raising fees without notice, 96:167
– N.J., motor vehicle registration fee overcharges, pre-suit demand for refund not prerequisite for claim (N.J.), 96:221
– Video deposition and pro hac vice expenses recoverable (8th Cir.), 97:265

FILE SHARING

– Personal information, House committee launches investigation into risks of inadvertent sharing, 96:402

FINANCIAL INSTITUTIONS

See BANKING

FLORIDA

– Garbage trucks, federal antitrust conspiracy claims against manufacturer dismissed, Fla. state claims may proceed (E.D. Pa.), 96:598
– Lemon Law, no recovery for attorneys' fees (Fla. Dist. Ct. App.), 97:154

FOOD

See also AGRICULTURE
– Beef, packers terminate merger, DOJ ends pending litigation, 96:189
– Cal., granola bars, false advertising claims re ingredients dismissed (S.D. Cal.), 97:432
– Chocolate, interlocutory appeal of post-Twombly issues certified in price-fixing claim (M.D. Pa.), 96:427; no jurisdiction over Canadian affiliates, 97:212
– Grocery stores

See GROCERY STORES

– Italy, pasta makers fined for cartel-like behavior, 96:226
– Marketing to youth, In Brief, 97:334
– Milk, parties must redact sensitive portions of pleadings instead of designating documents as confidential (E.D. Tenn.), 97:396
– Packaged ice

– – Class action, lead counsel appointed (E.D. Mich.), 96:588
– – Customer allocation conspiracy, company and executives plead guilty (S.D. Ohio), 97:429

– Pineapple, monopoly class action fails to define market (S.D.N.Y.), 97:390
– Price discrimination, manufacturer found to have favored distributor, Robinson-Patman Act violated (M.D. Pa.), 96:477; manufacturer held in contempt for continuing discriminatory pricing, 96:529; stay of permanent injunction granted (3d Cir.), 97:89
– Toasted sandwich restaurants, franchisees may pursue RICO and fraud claims (W.D. Pa.), 97:18
– Tomato products, co-lead counsel for class in price-fixing claim appointed by court (E.D. Cal.), 96:324
– Vending machines, FTC franchise fraud action settled (E.D.N.Y.), 96:97

FORUM SELECTION

– Class actions, clause designating state with no remedy found unenforceable (9th Cir.), 96:93
– Coin graders and dealers, eBay forum selection clause found enforceable, claims transferred (E.D.N.Y.), 96:615
– Generic testosterone, monopoly claim challenging patent settlement may be transferred to court approving settlement (C.D. Cal.), 96:372
– Insurance, contemporaneously filed claims will proceed in two jurisdictions (Del. Super. Ct.), 97:239
– N.H., snowmobiles, state dealership act trumps forum selection clause (N.H.), 97:242
– Robinson-Patman Act, clause governs claim (N.D. Ill.), 97:400

FRANCE

– Audiovisual wholesale market, Competition Authority urges stronger regulation, 96:440
– Banking

– – Banque Populaire and Caisse d'Epargne merger conditioned on remedies, 96:649
– – Insurance, Competition Authority favors severing from property loans, 97:412
– – Tax-exempted savings products, EU infringement procedure closed, 97:436

– Books, most retailers receive temporary exemption from 60-day payment period law, 96:385
– Breakdown services, new commitments ordered, 96:168
– Broadband, Competition Authority accepts after-sales service commitments to overseas operators, 96:306
– Cartels

– – Employment agencies fined for cartel operation, 96:121
– – Military removal firms fined over cartel, 96:629
– – Railroads, fines issued in online travel agent cartel, 96:141

– Competition Authority inaugurated, 96:51; concern over delays in nominating board members, 96:142; Authority established, president confirmed, 96:224; annual report advises prioritization and initiative at new agency, 97:46
– Competition policy discussed widely at business forum, 97:459
– Dentists, group fined for boycott of insurer, 96:166
– Electricity

– – Dominance, EdF group, EU statement of objections sent, In Brief, 96:29; surprise inspections confirmed, 96:250
– – Marketing, EdF ordered to separate public service from competitive activities in communications, 96:386

– Health care networks, no opposition to limits on membership with transparent criteria, 97:370
– National railway cleared to acquire freight company, 97:464
– Newspaper and magazine distribution, In Brief, 97:437
– Oil and gas

– – Gasoline, Competition Authority calls for tighter regulation of monopoly distribution, 97:22
– – GDF Suez offers commitments to offset dominant marketing position, 97:75

– Payment terms, legislative exemptions for certain industries favored, 96:226
– Pharmacy guild fined for encouraging retirement home to buy from nearby operators, 96:414
– Photo kiosks, operator agrees to cease dominant behavior, 97:492
– Regulatory barriers, OECD encourages France to reduce obstacles to market entry, 96:437
– Television

– – Distribution guidance sought, In Brief, 96:54
– – Internet provision of television content should be limited, Competition Authority says, 97:76

– Wireless communications, ban on iPhone exclusivity deal upheld, 96:144

FRANCHISING

– Car dealerships

See MOTOR VEHICLES

– Farm equipment

See AGRICULTURE

– Industrial equipment

See INDUSTRIAL EQUIPMENT AND MACHINERY

– Restaurants

See RESTAURANTS

– Service stations

See OIL AND GAS

– Vending machines

See VENDING MACHINES

FRAUD

– Bid rigging

See BID RIGGING

– Bribes

See BRIBERY

– Business directories, boiler room telemarketers targeted by FTC (N.D. Ill.), 96:561
– Conspiracy

See CONSPIRACY

– E-rate fraud, school superintendent indicted in conspiracy (W.D. Mich.), 96:564
– Emergency vehicles, homeland security vendors sentenced on honest services and wire fraud charges (M.D. Fla.), 96:114
– Grant websites shut down by FTC (D. Nev.), 97:226
– Kickbacks

See KICKBACKS

– Mortgage and foreclosure rescue

See MORTGAGES

– Refuse carts, executives of repair firm indicted for Chicago fraud scheme (N.D. Ill.), 96:405
– Stimulus

– – Funds, Justice Dept. announces initiative to protect government agencies, 96:480
– – Scams, FTC warns consumers, 96:215

– Telemarketing

See TELEMARKETING

– Tuition, federal agencies release report on combating financial aid and scholarship fraud, 96:557
– Vending machines, FTC franchise fraud action settled (E.D.N.Y.), 96:97
– Weight loss products

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

– Wholesale petroleum, FTC solicits comments on anti-manipulation rules, 96:398; FTC nears completion on rule with broad oversight, 96:535; rule to prevent manipulation adopted, 97:141

FTC

See FEDERAL TRADE COMMISSION (FTC)

FUNERAL SERVICES

– Cemeteries, FTC offers expertise in aftermath of Burr Oak scandal, 97:120
– Funeral homes

– – Md. ownership restrictions do not infringe Commerce, Due Process, or Equal Protection Clauses (4th Cir.), 96:355
– – Secret inspections, FTC announces results of undercover operations, 96:296

FURNITURE

– Faux antiques, decision to sell via only one retailer does not harm competition (E.D.N.Y.), 96:348
– Utah, financing, falsified service of process documents not covered by baby FTC act (Utah), 96:409