September, 2022

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FTC Complaints and Class Actions Send Warning to Consumer Product Manufacturers and Retailers: Double-Check Your Product Warranties

Hunton Andrews Kurth

In the past year, the FTC has promoted consumers’ so-called “right to repair.” In particular, the FTC has focused on the “Anti-Tying Rule” of the Magnuson-Moss Warranty Act (the “MMWA”), which limits manufacturers’ ability to steer consumers to manufacturer-affiliated repair shops. Plaintiffs’ firms have taken notice, filing a spate of class actions based on purported violations of the Anti-Tying Rule.

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3 Things Every Organization Should Do to Protect Against Cybercriminals

Risk Management Monitor

Cybersecurity should be a top priority for organizations today, especially as employees continue to work remotely without business-grade protections. In the age of COVID-19, businesses are more vulnerable than ever. Whether it is phishing scams or malware, hackers are constantly finding new ways to attack businesses. In fact, in March 2020 alone, scams increased by 400%, and have continued to increase since then.

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Celebrating 50 Years in Business

Brokers’ Service Marketing Group

Founded by David B. Lea in 1972, Brokers’ Service Marketing Group has spent the last 50 years serving financial professionals and their clients and graciously giving back to the community. In celebration of this noteworthy milestone, we’re looking back to some of the circumstances and people who made BSMG the company it is today.

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Cybersecurity Best Practices

Scott Insurance

Businesses in every industry are facing cyber threats with increasing frequency and severity. It is no longer a question of if your organization will experience a cyber incident, but when. From employment/HR data breaches to operations disruptions to wire transfer fraud and more, today’s landscape is brimming with real threats promising real and costly business impacts.

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Agency Bill Or Direct Bill: It Pays To Prepare For Both

Agency Intelligence

Are you launching a new agency? Are you a brokerage expanding into new lines? Or are you simply looking for ways to bind policies, get paid, and/or move funds across the industry faster? A key consideration is how your policies are billed.

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Workers Comp:A Strong Line Rebounds From Pandemic Pressure

Triple-I: Workers Compensation

Max Dorfman, Research Writer, Triple-I The workers compensation field is “responding and adapting remarkably well to economic changes,” according to Donna Glenn , chief actuary, National Council on Compensation Insurance (NCCI). “The pandemic brought new occupational illnesses into the system, but it was offset by a reduction of other types of claims back in 2020.

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California Court of Appeal Narrows Reach of ADA and Unruh Civil Rights Act as They Apply to Ecommerce Businesses

Hunton Andrews Kurth

In an August 2022 decision, the California Court of Appeal, Second Appellate District, held that retail websites without any connection to a physical space, such as a brick-and-mortar store, do not constitute “places of public accommodation” and, thus, are not within the purview of Title III of the American with Disabilities Act (“ADA”) or the Unruh Civil Rights Act (the “Unruh Act”). .

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PFAS-Related Litigation May Signal an Emerging Liability for Insurers

Triple-I: Business Insurance

Max Dorfman, Research Writer, Triple-I Per- and Polyfluoroalkyl Substances (PFAS)—a varied group of human-made chemicals used in an array of consumer and industrial products— present a new potential liability for insurers , as U.S. regulatory activity continues to change, with lawsuit outcomes indicating this is an issue that will continue to develop.

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Recovery Tips in the Wake of Hurricane Ian and Hurricane Fiona

Risk Management Monitor

Across the Caribbean, Florida, and up the Eastern seaboard to Atlantic Canada, communities are facing devastation from a recent—and ongoing—spate of mid-season hurricanes. After making landfall in Western Florida yesterday as a Category 4 hurricane, Hurricane Ian has been cutting a path of destruction across the state and will make its way into the Carolinas.

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Are YOU the Future?

Agency Intelligence

Keeping and retaining talent has been on the minds of agency owners from the day I entered this industry. It has remained in the top 5 concerns of agency owners in literally every survey I have ever read.

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Seller Beware—Considering How Walgreens’ Liability for the San Francisco Opioid Epidemic Applies to Retail Pharmacies Everywhere

Hunton Andrews Kurth

In a case sure to send retail pharmacy corporate-types scurrying to board room meetings to ensure their bases are covered, a Northern District of California federal judge held that Walgreens’ Co.’s 15 year-long pattern of filling opioid prescriptions for customers without performing adequate due diligence as to the medical legitimacy of the prescription substantially contributed to the opioid crisis in San Francisco.

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Retailers Have No Room to Manipulate Reviews: FTC and States Sue Rental Listing Platform Roomster for Bogus Listings

Hunton Andrews Kurth

The Federal Trade Commission and six states have filed suit against Roomster Corp. and two corporate executives, accusing the residential rental listing platform of using fake reviews and unverified listings to generate tens of millions of dollars in business. According to the complaint , these practices often occur at the expense of vulnerable customers who rely on Roomster to find safe low-cost housing within expensive housing markets.

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FTC Brings Action Against Company Calling its Chinese-Produced Mattress Pads “Made-in-America”

Hunton Andrews Kurth

The FTC unanimously agreed to an enforcement action against American textile manufacturer Electrowarmth Products, LLC and the company’s owner for deceptively marketing its heated “bunk warmer” mattress pads products as Made in the USA. According to the FTC’s complaint , Electrowarmth’s products, while marked as being domestically made, were wholly manufactured and packaged in China, thus violating the Textile Act and the FTC’s Textile Rule.

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Introducing: CheckMate

Agency Intelligence

We had to change our mission. And get rid of a dinosaur. When ePay began, our website boldly claimed that we were “on a mission to replace paper checks for all agency billing.

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