Justia International Law Opinion SummariesArticles Posted in Consumer Law
China Telecom (Americas) Corporation v. FCC (PUBLIC)
Confronted with reliable claims of escalating Chinese cyber threats targeting the United States, the Federal Communications Commission (“FCC” or “Commission”) revoked the authority of China Telecom (Americas) Corp. (“China Telecom”) to operate domestic and international transmission lines pursuant to section 214 of the Communications Act of 1934. The Commission additionally found that China Telecom breached “the 2007 Letter of Assurances with the Executive Branch agencies, compliance with which is an express condition of its international section 214 authorizations.” Although the Commission offered support from the classified record, consisting of evidence obtained pursuant to the Foreign Intelligence Surveillance Act (“FISA”), it has made it clear throughout these proceedings that its decision is entirely justified by the unclassified record alone. China Telecom argues that the Revocation Order is arbitrary, capricious, and unsupported by substantial evidence. The DC Circuit denied China Telecom’s petition for review. The court explained that Commission’s determinations that China Telecom poses a national security risk and breached its Letter of Assurances are supported by reasoned decision-making and substantial evidence in the unclassified record. In addition, the court held that no statute, regulation, past practice, or constitutional provision required the Commission to afford China Telecom any additional procedures beyond the paper hearing it received. View "China Telecom (Americas) Corporation v. FCC (PUBLIC)" on Justia Law
Federal Trade Commission v. Andris Pukke
Appellants sought to develop thousands of acres of land in Belize, which they marketed as a luxury resort called “Sanctuary Belize.” In their sales pitch to U.S. consumers, many promises were made but not kept. In 2018, the FTC shut this down, calling Sanctuary Belize Enterprise (SBE) a “scam,” and alleging violations of the Federal Trade Commission Act and the Telemarketing Sales Rule for making misrepresentations to consumers. The FTC also brought contempt charges against Appellant stemming from past judgments against him. After an extensive bench trial, the district court found ample evidence of violative and contumacious conduct, ultimately ruling in the FTC’s favor. Appellants appealed and the Fourth Circuit affirmed in large part, the one exception being vacating the equitable monetary judgments in accordance with the Supreme Court’s decision in AMG Capital Management, LLC v. Federal Trade Commission. The court explained that the various permanent injunctions—including the prohibition of SBE individuals and entities from engaging in further misrepresentations—are appropriately tailored to prevent similar scams in the future. Further, the court held that the district court in Maryland was within its discretion to keep the case because the FTC’s allegations in the Sanctuary Belize case rested on the same facts as the telemarketing contempt charges stemming from AmeriDebt, which was litigated in Maryland and which no party had asked to transfer. View "Federal Trade Commission v. Andris Pukke" on Justia Law
Tang, et al. v. Synutra Int’l, Inc., et al.
Plaintiffs, citizens and residents of China, alleged that they were injured by melamine-contaminated infant formula in China. Defendant, among others, manufactured and distributed the contaminated products exclusively to China. At issue was the district court's forum non conveniens dismissal. The court held that defendant carried its burden and showed that plaintiffs could obtain a remedy for their injuries either from the Chinese courts or a fund established by the Chinese government to compensate the children and families affected by contaminated infant formula (the Fund). Therefore, the district court did not abuse its discretion in finding that China was an adequate alternative forum and the district court did not err by weighing the public and private interest factors, finding that China was a more convenient forum in which to adjudicate the dispute. Accordingly, the district court's forum non conveniens dismissal was not an abuse of discretion. View "Tang, et al. v. Synutra Int'l, Inc., et al." on Justia Law