Tag Archives: Unconstitutionally

Supreme Court Rules SEC Staff Picked Administrative Law Judges Were Unconstitutionally Appointed

This guest post was authored by Daniel Baker, a summer associate with Montgomery McCracken. On June 21, 2018, the United States Supreme Court answered a seemingly straightforward question in Lucia v. SEC: whether the SEC’s in-house administrative law judges are “officers,” … Continue reading

Posted in Securities Law | Tagged , , , , , , , , , | Leave a comment

CFPB found unconstitutionally structured and incapable of pursuing enforcement action in New York [link to opinion]

U.S. District Court in New York finds that the CFPB lacks authority to bring enforcement action because its composition violates the Constitution’s separation of powers,” and dismisses CFPB’s claims. https://www.citizen.org/sites/default/files/consumer-financial-protection-bureau-et-al-v-rd-legal-funding-llc.pdfThis is an action by Plaintiffs Consumer FinancialProtection Bureau (the “CFPB”) and … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , , , , , | Leave a comment

"prevailing price" consumer protection rule isn't unconstitutionally vague

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017)Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated “original” or “regular” prices to … Continue reading

Posted in Advertising Law | Tagged , , , , , , , | Leave a comment

Criminal Provisions Of CAN-SPAM Act Not Unconstitutionally Vague

Read more detail on Legal News Directory – Technology & Cyberlaw

Posted in Technology & Cyberlaw | Tagged , , , , | Leave a comment