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The Record staff writer Harvy Lipman authored this article today discussing the New Jersey Attorney General’s warning to consumers about a scam involving a fake class action notice.  The official-looking notice directs recipients to send personal information in order to obtain settlement benefits in a fictitious securities case brought by a fictitious government official.

I have to wonder whether the emergence of fake class action notice scams will provide fodder for class action settlement objectors who argue about the effectiveness of a real class action settlement notice program.  This is all the more reason to do something that I preach about regularly on CAB: always consider retaining a qualified notice expert as part of a class action settlement.

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In an entry entitled Concepcion, Four Long Months Later, I summarized several decisions evaluating class arbitration waiver provisions following the Concepcion decision.  I neglected to include the case of NAACP of Camden County East v. Foulke Management Corp., ___ N.J. Super. ___ (App. Div. 2011), in which a New Jersey state appellate court held an arbitration provision unenforceable under state law on ambiguity grounds.

Bruce D. Greenberg has a synopsis of the decision on his blog, New Jersey Appellate Law, along with a link to the opinion.

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