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Articles by Alissa Gardenswartz
Actual Harm Required in Consumer Class Actions for FCRA | JD Supra
In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary damages against that defendant in federal court. Without this Article III standing, a claimant does not have a “case” or “controversy” under the U.S. Constitution, and a federal court does not have the authority to adjudicate or order any remedy.
AGs To Fill Void As Justices Say FTC Can't Impose Restitution
Law360 (April 22, 2021, 5:43 PM EDT) -- As was widely predicted based on oral arguments in AMG Capital Management LLC v. Federal Trade Commission, the U.S. Supreme Court has determined that Section 13(b) of the Federal Trade Commission Act does not authorize the Federal Trade Commission to seek equitable monetary relief. Lest companies breathe a sigh of relief, they should know that this decision will not lead to the end of sizeable monetary awards in consumer protection cases.
Colorado Joins the Consumer Data Privacy Fray | JD Supra
On March 19, 2021, Colorado joined the growing list of states proposing privacy protections with the introduction of the bipartisan Colorado Privacy Act (CPA) bill, SB21-190, in the Colorado Senate. The CPA, if enacted, would provide Colorado consumers with additional protections for, and certain rights regarding, their personal data and would also impose new obligations on companies holding that data.
Have You Thought About ... Ensuring Pandemic Fatigue Doesn’t Decrease Compliance? | JD Supra
Companies have drafted myriad new policies in order to continue pandemic-era operations, whether required by law or to accommodate new ways of doing business. However, simply having a policy is only the first step to protecting your business from potential liability.
It’s time for the Colorado legislature to amend its corporations law
Bad faith foreign actors are establishing difficult-to-dissolve fraudulent entities December 7, 2020 Alissa Gardenswartz, Airina Rodrigues, Over the past several years, Colorado corporate dissolution law has enabled bad actors to easily establish sham companies and then use those entities for improper and illegal purposes, such as filing fraudulent trademark applications overseas, and selling counterfeit goods here and abroad.
CARES Act Oversight Ramps Up with Opening of New Watchdog Office | JD Supra
Since the June 2 confirmation of Brian Miller as the new Special Inspector General for Pandemic Recovery (“SIGPR”), oversight of the $2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) has jumped up a notch. Miller, a former Department of Justice prosecutor and inspector general at the General Services Administration, has assembled a team of experienced investigators and auditors, and SIGPR is now poised to operate as watchdog over those funds.
High Court’s Seila Law Decision Disappoints | JD Supra
On June 29, 2020, in Seila Law v. Consumer Financial Protection Bureau (CFPB), a divided Supreme Court held that the statute that created the CFPB is unconstitutional because it did not vest enough powers with elected officials, and instead concentrated them in unelected bureaucrats, violating the Constitution’s separation of powers. 591 U.S. ---- (2020) (slip op.). But its remedy to this constitutional error disappointed many scholars and practitioners alike due to its lackluster impact.
Have You Thought About ... Privacy in the Age of COVID-19? | JD Supra
As clients confront reopening businesses and managing for risk of coronavirus exposure along with litigation risk, they may find themselves collecting more personal information from both employees and customers. Additionally, contact tracing apps and protocols are emerging to help with coronavirus containment.
Distinct Income Share Oversight Could Reform Student Debt
Law360 (May 19, 2020, 4:04 PM EDT) -- Student loan debt continues to be a growing and seemingly unsolvable problem in the U.S. As the costs of higher education show no signs of slowing, students are forced to take on more public and private loans. Currently, one out of four student borrowers is either delinquent or has defaulted on his or her student debt, and those numbers are poised to increase given the significant economic downturn occasioned by the coronavirus pandemic.
Missteps To Avoid In Marketing COVID-19 Antibody Tests - Law360
By Anna-Liisa Mullis, Alissa Gardenswartz and Erin Eiselein Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
The PPP Safe Harbor: What Happens After May 14? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 Price Gougers Beware—Deploying Trademark Law to Combat Price Gouging Proves Successful | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Five Tips for Making Virtual Compliance a Reality | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Avoiding Price Gouging Liability During and Post-COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Coronavirus Spending and the False Claims Act: A Gathering Storm | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
State and Federal Agencies crack down on COVID-19 claims
Businesses should consider the environment in which they are currently marketing products By Alissa Gardenswartz, Airina Rodrigues and Michael Rounds Published: 2020.04.13 08:02 AM The market for consumer products is contracting overall, but judging by empty store shelves and as reported by the New York Times on March 23, anxious consumers are keenly interested in purchasing supplements, herbs, oils, tinctures, foods and beverages touted as anti-pathogens, anti-inflammatories or as providing...
False Ad Considerations In The Time Of COVID-19
By Mike Rounds and Alissa Gardenswartz April 3, 2020, 5:15 PM EDT Law360 (April 3, 2020, 5:15 PM EDT) -- Mike Rounds Alissa Gardenswartz The coronavirus has enormously impacted the lodging, gambling, travel and leisure industries through cancellations of trade shows, conventions, concerts, vacations and travel in general. In Nevada, casinos are currently shut down for business.
State and Federal Agencies Crack Down on Claims for Touted COVID-19 Preventatives, Treatments and Cures | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 legal insights for hospitality, entertainment industries (Voices)
Mike Rounds and Alissa Gardenswartz Special to the NNBW Mike Rounds, left, and Alissa Gardenswartz. Courtesy photos COVID-19 has enormously impacted the lodging, gambling, travel and leisure industries through cancellations of trade shows, conventions, concerts, vacations and travel in general. In Nevada, casinos are currently shut down for business. Every new case throughout the world is reported by the media in near real time, and travel restrictions are more restrictive on a daily basis.
Vertical Mergers Receive Increased Attention from Federal and State Antitrust Authorities | JD Supra
Earlier this year, the two federal antitrust agencies—the Federal Trade Commission (FTC) and the Department of Justice (DOJ)—issued Draft Vertical Merger Guidelines (“Guidelines”). The Guidelines are intended to assist the business community in understanding how the agencies analyze vertical mergers, i.e., mergers between companies that operate at different levels in the supply chain, such as a manufacturer and a distributor.
Downplaying or Concealing Coronavirus Risk Could Result in Consumer Protection Lawsuits | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Upcoming COPPA Enforcement Will Possibly Affect More Cos. - Law360
Law360 (March 12, 2020, 5:20 PM EDT) -- Federal and state regulators increasingly turned to the Children’s Online Privacy Protection Act in 2019 to prosecute companies whose online services reached children.[1] On Feb. 20, the New Mexico attorney general sued Google Inc.
FTC and State AGs Continue Focus on Deceptive Social Media Marketing | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
California's New Data Privacy Law Has National Reach | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Cannabis Companies Face Increasing Consumer Protection Scrutiny | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
[Webinar] Navigating the Era of Increased State Attorney General Enforcement - October 17th, 5:00pm MST | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
YouTube Fine Showcases Expanded Enforcement Of COPPA - Law360
Law360 (September 10, 2019, 3:07 PM EDT) -- If your company has a reasonable expectation that its online services or other technologies are being accessed by children under the age of 13, then you need to take into account the increasing risk from adverse government actions. With growing concerns about data privacy, the Children’s Online Privacy Protection Act is finding momentum among both federal and state regulators. Case in point — on Sept.
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