Civil Legal Matters
On July 27, 2020, the Department filed a civil lawsuit against MyLife.com and its founder, Jeffrey Tinsley, seeking injunctive relief, remedies, and civil penalties under the FTC Act, the Telemarketing Sales Rule, the Restore Online Shoppers` Confidence Act, and the Fair Credit Reporting Act for unfair and misleading conduct in selling online subscriptions for alleged consumer background reports and for sold non-compliant background reports. legal requirements. The complaint alleges that the defendants market their background reporting service to consumers, often falsely implying that wanted persons have criminal or sexual offences that can only be accessed by purchasing a MyLife subscription. According to the complaint, the defendants misrepresent or fail to disclose the essential terms of these subscriptions, including the fact that a lump sum is paid in advance, subscriptions are automatically renewed, and subscriptions can only be cancelled by calling a customer service center that prevents and discourages cancellations or refunds. Defendants also sell background reports, although they do not comply with laws that require defendants to ensure that the reports are as accurate as possible to identify who is buying the reports and how they intend to use them, and to inform buyers on how to legally use the reports. Texas residents plead guilty to illegal importation of counterfeit vaping products On February 28, 2018, the United States filed a civil lawsuit and on February 1, 2018, the United States filed a civil lawsuit. In March 2018, they filed an injunction against Cantrell Drug Company and its co-owner and CEO, James L. McCarley, Jr., to stop the manufacture and distribution of adulterated drugs. The complaint alleges that Cantrell, a dispensing pharmacy, distributed falsified medicines in interstate commerce and arranged for the medicines to be falsified while they were kept for sale in interstate commerce after a component had been shipped. Cantrell launched voluntary drug recalls in 2016 and 2017 due to a lack of infertility safety. According to the complaint, FDA inspections of the Cantrell facility documented evidence of unsanitary conditions and significant deviations from current Good Manufacturing Practice requirements, including records showing that the company detected potentially hazardous bacteria in the air and on surfaces for sterile treatment. On August 2, 2017, the District Court issued a consent decree on a permanent injunction against Everbright Trading, Inc., its owner Yuan Xiang Gao and its operator/manager Rong Qing Xu.
The court had previously issued a similar permanent injunction consent order against Lily Popular Varieties & Gifts, Inc., Great Great Corporation, and its owners and operators Li Jing and Cheng Feng You on July 12. The injunctions resolve two separate civil actions filed by the Ministry on September 21. June at the request of the U.S. Consumer Product Safety Commission (CPSC). The complaints alleged that the defendants had imported children`s products containing, among other things, lead, phthalates and small parts that posed a choking hazard to children under the age of three. On December 19, 2019, Judge Chhabria of the Northern District of California granted the government`s request to rule on pleadings (and legally dismissed the plaintiffs` request for a decision) in a challenge to the FDA`s approval of a genetically modified salmon sold as food. and FDA guidelines for these approvals. In granting this request, Justice Chhabria ruled that under the plain language of the Food, Drugs and Cosmetics Act, the FDA has the authority to regulate the integration of an rDNA construct into the genome of a genetically modified animal as a new veterinary drug.
Judge Chhabria also ruled that the FDA`s guidelines regarding genetically modified animals cannot be challenged because they have no direct and tangible legal consequences and therefore do not constitute a final action by the agency. The reasoning on the remaining allegations in the case, in terms of the correct analysis of certain environmental risks, is expected to take place in May. Click on a state in the list below to get that state`s research report, which lists existing powers to appoint attorneys in different types of civil proceedings. The foreword to the report indicates the date of its last update. The court rejected Indivior`s request to dismiss the U.S. opioid illegal marketing charges against Indivior Inc. et al. Learn more about civil cases – the standard of proof used by the court, common types of civil cases and stages of civil proceedings.
On March 10, 2016, the government filed a lawsuit against KFJ Marketing, Sunlight Solar Leads LLC, Go Green Education and the owner of those companies, Francisco Salvat, to end a telemarketing campaign that failed to provide accurate caller ID information and resulted in 1.3 million illegal phone calls to consumers who had added their phone numbers to the Do Not Call registry. The complaint alleges that the defendants violated the Telemarketing Sales (TSR) rule by conducting a telemarketing campaign that delivered pre-recorded “robocall” messages warning consumers of an imminent “14%increase” in their energy bills. The complaint alleges that when consumers asked defendants to stop calling them, their requests were often ignored. On December 10, 2014, the United States filed a civil action lawsuit against William H. an Oshiro d/b/a RZM Food Factory prohibiting it from violating the Federal Food, Drug, and Cosmetic Act, including violations of current Standards of Good Manufacturing Practices. Oshiro has a long history of growing, processing and packaging ready-to-eat mung beans, alfalfa, clover and radish sprouts in extremely unsanitary conditions. Before filing the complaint, Oshiro closed his business and agreed to an approval decision requiring him to seek FDA approval before reopening. The United States will file the consent order with the court upon assignment of the case.
The “civil right to a lawyer,” sometimes referred to as “civil Gideon,” refers to the idea that people who cannot afford lawyers in legal cases involving basic human needs – such as housing, livelihoods, safety, health, and child custody – should have access to a lawyer free of charge. The reference “Gideon” is associated with the famous Supreme Court ruling that people accused of serious crimes have the right to a lawyer. Although this right exists in criminal cases, it currently exists only in very limited circumstances in civil cases. On the 29th. In April 2021, Omar Cuzcano Marroquin pleaded guilty to conspiracy to commit mail and wire fraud related to a number of Peruvian call centers that used internet calls to contact Spanish-speaking consumers in the United States to threaten and scam them. Cuzcano admitted that he ran and monitored call centers operated under the program in which defendants and their staff falsely claimed to be lawyers, court officials, federal agents and representatives of a so-called “juvenile crimes court.” According to court documents, Cuzcano and his co-conspirators falsely told the victims that they had a contractual obligation to pay for and receive products, and that they had caused legal problems for themselves and others by allegedly failing to do so. The appellants also falsely threatened victims with lawsuits, negative marks on their credit reports, detention, or immigration consequences if they did not immediately pay the allegedly delivered products and billing fees. Thousands of vulnerable victims paid money to the conspirators because of these threats, causing more than $1 million in casualties in the United States. Cuzcano is the first of five defendants in this case to plead guilty. Two other accused remain in Peru and are to be extradited.
The case is before U.S. District Judge Robert N. Scola. In civil law, a case begins when a claim is filed against another party by a party, which may be an individual, organization, business or corporation. The party complaining is called the plaintiff and the responding party is called the defendant and the process is called litigation. In civil proceedings, the plaintiff asks the court to order the defendant to remedy an injustice, often in the form of financial compensation for the plaintiff. In contrast, in criminal law, the case is brought against a defendant by the government, usually called the state and represented by a prosecutor. A person can never file a criminal complaint against another person: a person can report a crime, but only the government can file a criminal complaint in court. Crimes are activities that can be punished by the government and are divided into two broad classes of gravity: crimes with a possible prison sentence of more than one year and offenses with a possible prison sentence of one year or less. Cases: Some civil cases are decided by judges or commissioners, such as family law, small claims, estates or juvenile cases.