September 7, 2006
Next Target for Change: Consumer Protection Laws?
...so says a Law.com story.
As part of their efforts, tort reformers are circulating model legislation to state lawmakers that would require consumers to have suffered economic losses or injuries from a company's alleged misstatements in order to file a class action.
The model legislation, which was encouraged recently in a report by the American Tort Reform Foundation, also would require consumers to have relied on a company's alleged misrepresentations when they bought its product or services.
(See also the post from Pfizer's Arnold Friede.)
TrackBack URL for this entry:
Listed below are links to weblogs that reference Next Target for Change: Consumer Protection Laws?:
State statutes creating substantive rights sometimes limit the availability of class actions to enforce those rights, at least in state court. It is an interesting Erie question, and a largely unresolved one so far as I know, whether such limitations necessarily bind a federal court sitting in diversity.
Posted by: Peter Nordberg | Sep 7, 2006 5:08:18 AM