June 1 has come and gone, and one deadline has taken effect while another has been postponed again.
- Wisconsin’s automobile insurance requirement is now the law. However, police will refrain from issuing tickets to uninsured drivers for at least the first month. Instead, the police will give drivers 30 to 60 days to get insurance and show proof of it.
- Meanwhile, the FTC has once again postponed its identity theft “red flag” rules while it, or Congress, tries to figure out who to exempt from the requirement.
On the topic of arbitration and class actions, the Wisconsin Court of Appeals has clarified how it will decide whether an arbitration clause is unconscionable, especially in Consumer Act cases. In a case that was poorly briefed and argued by both sides, the court remanded for further findings on the issues of substantive and procedural unconscionability.
In federal court, the 7th Circuit has put aside its usual antipathy towards class actions and affirmed class certification in a consumer fraud case, at least on the issue of liability.