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Did Court Expand Definition of Consumer Report Under the FCRA?

Abdelfattah v. U.S. Dept. of Homeland Security, 2015 U.S. App. LEXIS 8010 (D.C. Cir. May 15, 2015) (Brown, Circuit Judge) Facts: Plaintiff sued the United States Department of Homeland Security and others, alleging multiple claims, including that the government’s collection, maintenance and use of information about him violated the FCRA. Plaintiff, a Jordanian national, had Read More…

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Federal Trade Commission Given Power to Police Cybersecurity

The United States Third Circuit Court of Appeals has affirmed the Federal Trade Commission’s authority to police cybersecurity under section 5(a) of the Federal Trade Commission Act (FTC Act). What does this mean? Well, for starters… Let’s look back: In FTC v. Wyndham Worldwide Corp., 10 F.Supp.3d 602 (D.N.J. 2014), the FTC sued Wyndham hotels Read More…

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Raising Revenue through Raffles – a Back-to-School Primer on the Raffle Act

Here in Texas, the “back-to-school” mentality is a triumph of imagination over experience. Clothing catalogs suggest that an autumn wardrobe includes corduroy pants and sensible sweaters, while our temperatures hover in the 90s into October.  Nevertheless, educators, students, and parents approach the return to campus with energy, enthusiasm, and commitment to academics and extracurricular activities.  Read More…

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Effectively and Ethically Dealing With Unstable Pro Se Litigants

Unrepresented litigants file 10% of civil cases in federal courts and an even higher percentage of civil cases in state courts. For lawyers, these cases can present a multitude of complications, even more so if your pro se opponent is mentally or emotionally unstable. I recently participated in a panel discussion for the ABA Judicial Read More…