‘Company Doe’ wins challenge but loses anonymity — ruling makes it tougher to confront erroneous online claims
By George Gigounas and Rachael E Yourtz
A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents, revealing the identity of a manufacturer that claims it was falsely implicated in a consumer report.
This case, stemming from the SaferProducts.gov online consumer product report database created under the Consumer Product Safety Improvement Act of 2008, will make it harder for companies to challenge erroneous online reports regarding their products, while keeping the dispute anonymous to the public.
Under current rules, to limit the impact of false or clearly erroneous consumer claims, the Consumer Product Safety Commission notifies companies implicated by a consumer report about a potentially unsafe product. The company has limited time to object to the information in the claim and submit evidence to support the objection. If the company establishes its product was not the cause of any alleged harm, the commission must revise the database accordingly. This exchange of information is expedited, because the commission must publish the report within 20 days of submission…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Cross-border work and political tensions are dominating this year’s entries for Finance Team of the Year at The Lawyer Awards.
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work