Returning To The Statutory Text: Why The Language Of Section 13(B) Requires Courts To Narrowly Construe The Ftc’S Ability To Obtain Injunctive Relief,
2022
Fordham University School of Law
Returning To The Statutory Text: Why The Language Of Section 13(B) Requires Courts To Narrowly Construe The Ftc’S Ability To Obtain Injunctive Relief, Christopher Halm
Fordham Journal of Corporate & Financial Law
The Federal Trade Commission (FTC) enforces over 70 laws in the areas of antitrust and consumer protection, and one valuable tool to support their enforcement is Section 13(b) of the Federal Trade Commission Act (“Section 13(b)”). Section 13(b), among other features, grants the FTC authority to seek an injunction in district court against any defendant that is “about to violate” one or more of those laws. For the past three decades, courts have adopted a permissive judicial interpretation of that language, authorizing injunctions against defendants when the allegedly impending violations were only “likely to recur” based on past misconduct. This …
Peeking Into The House Of Cards: Money Laundering, Luxury Real Estate, And The Necessity Of Data Verification For The Corporate Transparency Act’S Beneficial Ownership Registry,
2022
Fordham University School of Law
Peeking Into The House Of Cards: Money Laundering, Luxury Real Estate, And The Necessity Of Data Verification For The Corporate Transparency Act’S Beneficial Ownership Registry, S. Alexandra Bieler
Fordham Journal of Corporate & Financial Law
It is estimated that $800 billion to $2 trillion are laundered globally every year, funding the schemes of bad actors and terrorists alike. These astronomical sums are moved around the world without detection; this is in large part due to the ease with which anonymous shell companies, typically limited liability companies (LLCs), can be created, particularly in the United States. America is one of the most egregious enablers of this practice because most states require little to no information about the person ultimately controlling the entity, known as the “beneficial owner.” Working through an LLC, bad actors often turn to …
Defining And Demystifying Automated Decision Systems,
2022
University of Maryland Francis King Carey School of Law
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Maryland Law Review
No abstract provided.
The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data,
2022
Candidate for Juris Doctor, Roger Williams University School of Law
The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data, Candace Quinn
Roger Williams University Law Review
No abstract provided.
Skating Past Liability Under The Tcpa: Robocalls And Unsolicited Texts And E-Mails,
2022
Seattle University School of Law
Skating Past Liability Under The Tcpa: Robocalls And Unsolicited Texts And E-Mails, Julissa R. Rachor
Seattle University Law Review
This Note argues that the applicability of Telephone Consumer Protection Act's (TCPA) autodialer provision should be interpreted broadly to include calls made on many types of dialing equipment.
Part I of this Note offers a brief history of the TCPA and autodialers. Part II examines the FCC’s Orders that interpret the TCPA’s autodialer provision, and Part III assesses the varying interpretations of the provision by the circuit courts. Part IV reviews the general facts and procedural history of Duguid, and the Court’s interpretation of the autodialers provision. Last, Part V examines current efforts offered by Congress and potential next …
Table Of Contents,
2022
Seattle University School of Law
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment,
2022
Catholic University of America (Student)
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Catholic University Journal of Law and Technology
No abstract provided.
The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws,
2022
The Catholic University of America, Columbus School of Law
The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao
Catholic University Journal of Law and Technology
The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.
This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape,
2022
The Catholic University of America, Columbus School of Law
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
Catholic University Journal of Law and Technology
No abstract provided.
Illusory Privacy,
2022
University of Virginia School of Law
Illusory Privacy, Thomas Haley
Indiana Law Journal
For decades, regulators, consumer advocates, and privacy theorists have grappled with one of privacy’s most important questions: how to protect private information that consumers unwittingly give away with the click of an “I accept” button. Reform efforts remain mired in a morass of text, focusing on the increasing volume and complexity of firms’ terms of service and privacy policies. This Article moves beyond such existing approaches. By analyzing terms of service and privacy policies from hundreds of top websites—which this Article calls “platform terms”—this Article demonstrates that the prevailing “notice and consent” paradigm of privacy regulation cannot provide meaningful protection. …
Cannabis Derivatives And Trademark Registration: The Case Of Delta-8-Thc,
2022
University of Georgia Terry College of Business
Cannabis Derivatives And Trademark Registration: The Case Of Delta-8-Thc, W. Michael Schuster
Indiana Law Journal
The legal environment surrounding the cannabis industry is ambiguous and constantly changing. While cannabis is prohibited under federal law, a 2018 statute legalized a variant of the cannabis plant (“hemp”) that is low in its most common intoxicating agents. Recognizing this, entrepreneurs began to process hemp to extract and sell chemicals contained therein. Included in this trend is the extraction of Delta-8 Tetrahydrocannabinol (Δ8-THC)—a psychoactive drug with an increasing market presence in states where most cannabis (e.g., “marijuana”) is illegal.
As competition in the Δ8-THC field emerged, firms sought to distinguish their wares through brand recognition and federal trademark registration. …
Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts,
2022
Brooklyn Law School
Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
A Comment On Foohey Et Al., Steering Loan Modifications Post-Pandemic,
2022
Fordham University School of Law
A Comment On Foohey Et Al., Steering Loan Modifications Post-Pandemic, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law,
2021
The University of Melbourne, Australia
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law, Annisa Rahma Diasti
Indonesia Law Review
The digital ride-hailing service platforms have advanced significantly due to technological development. It resulted in lower consumer costs and better-quality service. Thus, consumers opted for such platforms more than the conventional transportation, resulting in their exponential growth over the years such as Gojek and Grab in Indonesia. Their strong market position was achieved quickly, facilitated by innovation advantages such as indirect network effects and algorithm-based analysis of users’ past data. Ultimately, data has become a barrier for potential competitors to entering the market. Simultaneously, the incumbents or the dominant market holders likely to use a technology-based strategy by keeping access …
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity,
2021
Brooklyn Law School
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
Brooklyn Journal of International Law
Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement,
2021
Brooklyn Law School
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement, Camille H. Mangiaratti
Journal of Law and Policy
Multi-level marketing, also known as “MLM,” is a type of sales business that relies on both sales to consumers and recruitment of sellers into the company’s tiered commission structure. MLMs are wildly and enduringly popular, especially because they claim to be a flexible and easy source of income for people who need it most. However, almost everyone who joins an MLM will lose money, and many MLMs are illegal pyramid schemes. Millions of Americans are harmed by MLMs every year. Despite this, the government does very little to punish MLMs who lie to prospective participants about their odds of success. …
The Patient Assistance Problem,
2021
Brooklyn Law School
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
Journal of Law and Policy
Implemented in January 2006 as a voluntary enrollment supplement to standard Medicare plans, Medicare Part D coverage subsidizes the cost of prescription drugs for participants. However, significant gaps in coverage exist for those suffering from rare diseases that require costly drugs. Pharmaceutical companies seek to remove the powerful market force of patient price sensitivity by directly sponsoring or substantially funding “patient assistance programs” that help cover out-of-pocket costs. While pharmaceutical donors insist that their goal is strictly altruistic, the reality is that many of these programs offer a financial windfall for drug makers because they help funnel patients towards new …
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists,
2021
Brooklyn Law School
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Putting A Finger On Biometric Privacy Laws: How Congress Can Stitch Together The Patchwork Of Biometric Privacy Laws In The United States,
2021
Brooklyn Law School
Putting A Finger On Biometric Privacy Laws: How Congress Can Stitch Together The Patchwork Of Biometric Privacy Laws In The United States, Eliza Simons
Brooklyn Law Review
The use of biometric identification in the consumer industry has grown immensely over the last decade and is projected to continue growing at an even faster rate. As private entities abandon password-based security systems and opt for the more secure, convenient, and cost-effective method of using biometric data, individuals are worried how that information will be protected. Although the right to privacy has always been valued in the United States, Congress has yet to specifically address biometric privacy. This note sets the legal landscape of privacy law, through the lens of biometric privacy, by surveying four categories of privacy law: …
Uncertain Terms,
2021
Research Assistant Professor, University of Houston Law Center, and Research Director, Health Law & Policy Institute
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Notre Dame Law Review
Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …