Protect act

Stressing on the need for summary procedure to dispose of consumer complaints, the petitioner referred to Supreme Court observation in case titled Charan Singh V. Healing Touch Hospital and Others, wherein it was held that “the consumer forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the act, if summary trials are not disposed of expeditiously by the forums at the district, state or national levels. Steps in this direction are required to be taken in the right earnest”. … [Read more...] about Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]

Both, the Consumer Protection Act, 1986 and the Real Estate (Regulation and Development) Act, 2016 are supplemental to each other and there is no provision in the Consumer Protection Act which is inconsistent with the provisions of RERA. The National Consumer Disputes Redressal Commission(NCDRC) has held that Real Estate (Regulation and Development) Act 2016(RERA) does not bar filing of a complaint under the Consumer Protection Act 1986 against a builder/developer. … [Read more...] about RERA Does Not Bar Homebuyers’ Complaint Under Consumer Protection Act Against Builder/Developer: NCDRC [Read Order]

On December 4, 2013, in Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc., the United States Court of Appeals for the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (“ACPA”) does not provide a cause of action for contributory cybersquatting. … [Read more...] about Ninth Circuit Rejects Claims for Contributory Cybersquatting Under the ACPA (Anticybersquatting Consumer Protection Act)

Lay tendered its defense of the TCPA class action to its CGL insurer, Standard Mutual Insurance Co. (“Standard Mutual”).  Although Standard Mutual agreed to defend the action, it reserved its rights to deny coverage on a number of grounds and also sued Lay, seeking a declaration that statutory damages awarded pursuant to the TCPA constitute punitive damages which, according to Standard, are uninsurable under Illinois law.  The appellate court agreed with Standard and held that the TCPA settlement was not covered based on its conclusion that the TCPA was a “penal statute” and, therefore, coverage was precluded based on Illinois public policy. … [Read more...] about “Blast Fax” Telephone Consumer Protection Act (TCPA) Damages Covered Under Commercial General Liability (CGL) Policy

The Court of Appeals reversed, ruling that causation was a question for the jury, and that the MCPA’s unambiguous language doesn’t always require proof of intent. Instead, it depends on which MCPA provision is at issue. In Brownlow, the plaintiffs alleged violations of the following provisions.  … [Read more...] about Michigan Court of Appeals Rules That Some Michigan Consumer Protection Act Claims Do Not Require Proof of Intent to Deceive