Sat.Jan 28, 2023 - Fri.Feb 03, 2023

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Retailers Must Be Careful With Private Label Credit Card Advertising

Hunton Andrews Kurth

The FTC unanimously approved a consent order this week requiring Credit Karma, LLC to pay $3 million dollars for allegedly advertising to consumers that they were “pre-approved” for credit card offers, when in reality, the customers were not pre-approved, and in fact, were frequently rejected. Credit Karma’s advertising—which purportedly took place over three years between February 2018 and April 2021—consisted largely of emails and webpages telling consumers they were “pre-approved” for various

Claim 106
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New NAAIA Report Focuses on Next Steps for DEI in the Insurance Industry

Risk Management Monitor

As Black History Month kicks off, February presents a great opportunity to not only celebrate the history and accomplishments of African Americans, but also to meaningfully assess and advance diversity, equity and inclusion measures with the goal of ensuring lasting change rather than lip service. To that end, the National African American Insurance Association (NAAIA) recently updated its research on its members’ experiences and challenges in the insurance industry, releasing the new study The

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Third Circuit Dismisses Talc Bankruptcy

Hunton Andrews Kurth

On Monday, January 30, 2023, the Third Circuit in In re LTL Management, LLC 1 ordered debtor LTL Management, LLC’s (“LTL”) chapter 11 petition dismissed for failure to demonstrate that the petition was filed in good faith pursuant to the Bankruptcy Code. 2 The dismissal of LTL’s bankruptcy will also result in the termination of an injunction staying numerous lawsuits against third-parties—including lawsuits against certain third-party retailers being sued for allegedly having sold certain allege

Liability 106
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FTC Extends Deadline for Public Comment on Green Guides to April 24, 2023

Hunton Andrews Kurth

The FTC has announced that it is extending by 60 days (from February 21 to April 24, 2023) the public comment period on potential updates to the agency’s “Green Guides.” As we previously reported , since mid-December 2022, the FTC has been gathering input on various aspects of the Guides for the Use of Environmental Marketing Claims. According to the FTC’s announcement, several interested parties asked the agency for additional time to provide their feedback, citing a desire to conduct consumer

Claim 104
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Insurer Can’t Flush Away Its Duty to Defend

Hunton Andrews Kurth

As recently reported on our firm’s Insurance Recovery Blog, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant. In Harleysville Pref. Ins. Co. v. Dude Products Inc., et. al. , Case No. 21-c-5249 (N.D.

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Do the Products You Sell Contain PFAS?

Hunton Andrews Kurth

Per- and polyfluoroalkyl substances (PFAS) have taken center stage. The Biden administration’s regulatory agenda plans numerous revisions to environmental regulations to address this broad class of pervasive substances. While the US Environmental Protection Agency grapples with implementing these initiatives, states are aggressively forging ahead with their own plans.