Consumer Protection Law Commons^™

“Take Your Pictures, Leave Your (Digital) Footprints”: Increasing Privacy Protections For Children On Social Media, Kodie Mcginley

Golden Gate University Law Review

As the digital sphere becomes more prevalent in people’s lives, Congress has tried to keep up. First created in 1998, the Children’s Online Privacy Protection Act (COPPA) requires operators of websites directed at children to obtain consent from parents before collecting any personal information from children. COPPA also requires that operators take reasonable measures to protect the confidentiality of any personal information collected about children. Although COPPA has helped regulate online spaces, its focus is on regulating websites that collect personal information directly from children. This focus leaves a gap in the law that ignores personal data shared on social …

California Consumer Protection Act (Ccpa): Narrowing Ccpa Exemptions Will Ensure Greater Privacy Protections, Brennan Gamwell

GGU Law Review Blog

The California Consumer Privacy Act (CCPA) has been touted as a “landmark” and one of the “strictest digital privacy laws in the United States.” Californians for Consumer Privacy first sponsored the CCPA in 2018 as a ballot initiative. Soon after, the CCPA was introduced into the California Assembly as AB 375 and signed into law later that same year. The CCPA went into effect on January 1, 2020, granting California residents rights regarding their personal information collected and sold by businesses.

Privacy protections for California consumers will become even stronger once the California Privacy Rights Act (CPRA) goes into effect …

Total Makeover: Federal Cosmetics Regulation And Its Need For Legislative Overhaul To Ensure Consumer Protection, Justice Tecson

Golden Gate University Law Review

The cosmetic industry’s lack of federal oversight has given rise to concerns regarding consumer safety. Amy Friedman’s story is one example of how the current lack of FDA cosmetic regulation causes actual harm to consumers.26 The current regulatory scheme allows cosmetic companies to operate with little to no government review, leaving consumers vulnerable to potential bad actors. This Comment discusses the problematic effects of the current regulatory framework on the health and safety of consumers, and explores the SCPCPA and its proposed amendments to the FDA’s regulatory authority over cosmetics.

This Comment argues that the SCPCPA is a necessary legislative …

The Case For Blockchain In The Beauty Industry, Sumanpreet Kaur

Blockchain Law

Part II of this paper addresses the legal issues presented by counterfeit cosmetics and false claims, and also compares the regulatory landscape in the United States versus that of the European Union. Part III analyzes how blockchain can be used to fill in the gaps left by the lack of strong regulations in the United States and provide consumers reliable methods of authenticating the ingredients in their personal care products. Part III also explains how Cult Beauty is implementing blockchain in its business. Part IV discusses the potential hurdles and negatives of using blockchain in the beauty industry. Part V …

A New Era In The Application Of U.S. Securities Law Abroad: Valuing The Presumption Against Extraterritoriality And Managing The Future With The Sustainable- Domestic-Integrity Standard, Alina Veneziano

Annual Survey of International & Comparative Law

The U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for …

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.

Gagged By Big Ag: Whistleblower Silencing Bill Threatens The Employee’S Right To Uncover Workplace Wrongdoing, Tara Cooley

Golden Gate University Law Review

This Comment analyzes the court’s application of the standing doctrine in PETA v. Stein to demonstrate that the dismissal of a challenge to a whistleblower silencing statute because the plaintiff lacked standing is detrimental to First Amendment rights. This Comment argues that a relaxed standing requirement must be applied to future pre-enforcement challenges of legislation that aims to silence whistleblowers, and therefore chills First Amendment rights.

Part I examines the court’s relaxed application of the standing requirement to criminal statutes that chill First Amendment rights. Part II argues for a relaxed application of the standing requirement to whistleblower silencing statutes, …

The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Katie Christensen

GGU Law Review Blog

California residents and those who do business in California are advised to stay abreast of the California Consumer Privacy Act, as there may be major textual revisions – or Federal pre-emption – before the act goes into effect on January 1, 2020.

The Future Is Mobile: Financial Inclusion And Technological Innovation In The Emerging World, Eleanor Lumsden

Publications

The digital revolution is in full bloom and technology is being used to solve the world’s most challenging problems, yet traditional banking excludes many of the world’s poorest from taking advantage of the full fruits of the financial system. Especially in developing countries, implementing mobile financial systems can speed financial inclusion and spur economic growth. There is space for regulatory reform that addresses concerns with data security and consumer privacy yet does not stifle innovation. Throughout history, resistance to innovation has generally proved futile, and countries that refuse to change risk missing opportunities.

2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection

California Agencies

No abstract provided.

Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris

Publications

This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any "unlawful," "unfair," or "deceptive" acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime - which has been the law of the land for several decades - carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest …

Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris

Publications

This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any "unlawful," "unfair," or "deceptive" acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime - which has been the law of the land for several decades - carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest …

Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis

Golden Gate University Law Review

This Comment argues that the broad interpretation of the FCPA’s business nexus requirement, which criminalizes payments that both directly and indirectly “obtain or retain business,” encourages prosecutorial abuse and deviates from the intended purpose of the Act. The Justice Department’s expansive approach to FCPA enforcement has cost companies tremendously, even though the Act’s drafters intended for a more balanced approach. Part I of this Comment will discuss the history and background of the Foreign Corrupt Practices Act of 1977 and its amendments in 1988 and 1998. Part II will examine the application of the business nexus requirement in United States …

Commercial Transactions And Consumer Protection, James R. Mccall

Cal Law Trends and Developments

Because the preceding edition of this publication did not contain an article on trends in commercial transactions or consumer protection in California, this article will discuss selected decisions and developments in those fields during the years 1968 and 1969. The principal focus of this article will be the significant decisions made during this period that interpret or relate to the principal statutes in the two fields: the California Commercial Code, the Rees-Levering Automobile Sales Finance Act, and the Unruh Retail Installment Sales Act. These legislative enactments establish a comprehensive statutory pattern for regulation of all aspects of commercial law in …

How The Rise Of Federal Bureaucratic Powers Challenges The Role Of Courts In Adjudicating Claims Of Injury Inflicted By Prescription Drugs, Denise K. Top

Golden Gate University Law Review

This Comment uses the recent Paxil litigation as an example of how the rise of federal bureaucratic powers, specifically those exercised by the FDA to administer the Food Drug and Cosmetic Act (hereinafter "FDCA"), increasingly challenge the role of courts in adjudicating tort claims of injury inflicted by prescription drugs. Part I explains the current labeling requirements for prescription drugs. Part II describes product liability law regarding claims involving prescription drugs. Part III analyzes the drug manufacturers' and FDA's defenses to state tort claims, specifically preemption and primary jurisdiction. Part IV discusses the current law as it applies to the …

Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich

Annual Survey of International & Comparative Law

Digital certificates assure online shoppers that the online merchants with whom they are considering doing business in fact exist and that they are who they claim to be. Similarly, online merchants can also be certain that persons who place orders are really who they claim to be, and the order cannot be repudiated once it has been digitally signed. Authenticated digital signatures provide stronger evidence of the source and integrity of a message than an electronic replica of a physical handwritten signature affixed on hard copy output. Digital signature technology is not an absolute answer to all problems, but it …

An Alternative To The Uccc: Publicly Subsidised Consumer Loans, Steven Savner

Golden Gate University Law Review

Authors: Steven Savner, et al.

Recommendations Of The Advisory Group To The Subcommittee, Subcommittee On Public Utilities Commission Reforms

California Senate

No abstract provided.

Subcommittee Agenda And Formation Of Advisory Group, Subcommittee On Public Utilities Commission Reforms

California Senate

No abstract provided.

Interim Hearing On The Cable Television Consumer Protection And Competition Act Of 1992: The Impact On Cable Television Rates And Services In California, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Hearing On Status Of The Public Utilities Commission's Review Of The Proposed Pacific Telesis "Spin-Off", Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Hearing On High Cellular Telephone Rates In California - How Should The State Regulate The Cellular Industry?, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee

California Senate

No abstract provided.

Update On The Proposed Sce-Sdg&E Merger - Is The Puc Rushing To Judgment?, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Interim Hearing On Cellular Car Telephones: Progress And Problems Of The Growing Telecommunications Technology, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Interim Hearing On Moving Toward Greater Competition: Pending Regulatory Changes Of Our Local Telephone Network, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Joint Interim Hearing On Utility Merger Mania: Benefits And Risks To Ratepayers And Shareholders, Senate Committee On Energy And Public Utilities, Assembly Committee On Utilities And Commerce

California Joint Committees

No abstract provided.

Hearing On Local And Long Distance Telephone 'Flexibility' And 'Social Contract' Rate Regulation, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Interim Hearing On Future Competition In Local And Long Distance Telephone Markets, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Interim Hearing On Diversification Of Electric, Gas And Telecommunications Industries, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.