Statutory Background Of Facta Litigation Essay - 939 Words

Before addressing the specific claims of this Comment, it is necessary to examine the statutory background of FACTA litigation, the realities of class action  § 1681c(g) litigation, the case law establishing what constitutes â€Å"willfulness,† and the standards for a 12(b)(6) motion to dismiss. Sections I.A and I.B will examine FACTA and its underlying policies, as well as the reasons for the temporary safe harbor Congress later created for violations of the expiration date requirement. Next, Section I.C will explore the realities of  § 1681c(g) litigation, particularly the massive liability that defendants face from the aggregation of statutory damages via class action suits. Third, because the recovery of statutory damages depends on showing that a defendant willfully violated FACTA, Section I.D will explore Safeco, the Supreme Court decision establishing the meaning of willfulness in FACTA cases. Finally, Section I.E will examine the â€Å"new† pleading standard s established in Twombly and Iqbal in order to better inform the later discussion of pre- and post-Iqbal 1681c(g) case law. A. The Fair and Accurate Credit Transactions Act Congress passed FACTA on December 4, 2003, amending the Fair Credit Reporting Act (the â€Å"FCRA†). FACTA was intended to address identity theft by, among other provisions, requiring lenders to identify and respond to possible indications of identity theft, giving consumers greater control over their credit history and information, and establishing the rights

Business Strategy And Managing Changing Environmental...

Business Strategy and Environment Article: - Business Strategy and Firm Reorganization: Role of Changing Environmental Standards, Sustainable Business Initiatives and Global Market Conditions Index Sr. No. Description Annexure Page No. 1. Introduction A 02 - 03 2. Key Points B 03 – 06 3. Marketing Sustainability C 07 4. Conclusion D 08 5. References Introduction: Business Strategy and Firm Reorganization in Terms of Environment Sustainability Effective Business strategy is a key to success for any business organization, in this era of Globalization and fastest communication ICT modes, while Business are getting faster and excess of production with latest tools and techniques, the very same time issue of sustainability and Environment is a growing concern. The early 1990 saw a worldwide economic slowdown, from 1980 is to 1990s price reduction and falling profits were the problems faced by paper and pulp industry. Therefore, in order to counter the problems that were being faced; Management of USA and Scandinavia European countries with slightly difference of Methods and Technology and Research and Development, found and implemented various methods in terms of Market trends, Cost-effectiveness, Environment and Sustainability concerns, Supply chain Management and Reorganization/decision making. Although, the environment impact of Paper andShow MoreRelated The Concept of Corporate Social Responsibility Essays1687 Words   |  7 Pagesincreasing numbers of organisations are incorporating CSR into their business operations in an effort to be seen acting as good corporate citizens, so what is CSR what is its role in todays organizations? 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Nirvana Art Gallery free essay sample

Nirvana Art Gallery Nirvana Art Gallery Case study analysis Case study analysis 1. Executive summary- This case study is all about the different situations Mr rod faces at his work place. The urge to take experience he went for part time job along with his ongoing PhD work. The work area of his interest was being a curator while because of less work he was made to work in another department which was not of his interest and he faces lot many problems over there. He even used to stay late to complete the assigned work and the colleagues were also not supportive. The main problem was the lack of interest of Mr. Rod for working in researchs department which was further boosted up by Miss Nelly’s interference who was the research manager. The only solution for his problem is to talk with Miss Nelly and request her to undo the changes made in his work schedule or else he should try to create interest in research department as well as it is the only option he is left with. We will write a custom essay sample on Nirvana Art Gallery or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page . Situation Analysis- Introduction- this case emphasises on the disinterest of Mr. Rod to work in research department. But in spite of showing it he decided to work with full efforts. One of the problem was the unfriendly behaviour of the members of this department. The over sympathy of Miss Nelly was also creating discomfort for Mr. Rod accompanied by mocking expressions of his colleagues. The rearrangement of working schedule further enhanced the problems of Mr. Rod which resulted from the refusal of Nelly’s proposal to help her in her work. But still he manages his work and become successful in creating balance between both the works. Objectives- the main objective of Mr. Rod behind working in Nirvana Art Gallery was to take experience of being a curator which will help him in future and also adds to his work experience. But unwillingly he was made to work in research department because of less work in his area of interest. Decision Making- Miss Nelly’s extra concern and sympathy for Mr. Rod became a problem for him. And the rearrangement of his work schedule was also its consequence which enhanced the problems further. Implementation- Mr. Rod has shown a great interest in working with NAG. In both the departments he tried to give his best. But further troubled by rescheduling of his week’s work arrangement. He can overcome this problem by completely engaging himself in the work assigned to him so that he will not feel boredom in working for research department. Or if he feels this new schedule totally inconvenient then he can make Nelly aware of his situation and probably she will help him in the matter concerned and finally he would be able to work more in curatorial. Conclusion- the main problem in the case arise because of the extra concern and sympathy of Miss Nelly towards Mr. Rod. The one thing which he could do was going to Nelly and politely telling her about the situation and the surreptitious looks and frowns of other members of research team which was quite embarrassing.

Henry James The Turn Of A Screw Essay On Atmosphere free essay sample

Evidently, the one being told appears to have exceptional impact, since held us implies the Story has captivated those who are listening to it. The curiosity as to what it exactly is that intrigues the characters, is also synonymously what intrigues the reader creating tension as an outcome. Then, the contain caution of the setting being described as on Christmas Eve in an old house further extends the atmosphere of tension, due to Christmas Eve being a day of significance and old house having connotations to an establishment as such is typically found to be undaunted or cursed in Gothic works.As a result, it meets the primary purpose and aim of the prologue, as James intended it to: to set the foundations for tension, unease and fear to be established upon. Further evidence that the prologue does this includes descriptions of the sighted ghost as: of a dreadful kind, and: waking her up in the terror of it; these quotations particularly evoke a sense of fear in the narrators monolog ue and to the reader, who attempts to decipher the true monstrous image of such a nastily- described being. We will write a custom essay sample on Henry James The Turn Of A Screw Essay On Atmosphere or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This quite sudden and swiftly-advanced transition towards an atmosphere of fear, before the story even begins to switch to the governess perspective, is done so by James with the intention of catching the reader off-guard and causing them to garner exceptional concern for the sheer sinisterly of the circumstances in which Douglas story entails. As Douglas is prompted to recite the ghost story for the others who are held in remarkable awe and await his narration eagerly with extraordinary anticipation he informs them that he shall have to send to town since The Torys written.Its in a locked drawer -? it has not been out for years. Whilst this primarily inflicts discontent among them, James deliberately adds the detail of it has not been out for years to yet again form a link with Gothic genre, since old and aged both depict some hidden secrecy or plot-holes within the anticipated narrative. In addition, the fact is has been placed into a locked drawer further builds upon the notion of secrecy; why might the story need to be hidden? Who and what from? What is it even about?These questions all place the reader at unease; henceforth the prologue establishes the tone of the novel from the very start At least, that is what the reader In chapter 1 , the switch of perspective and the stark contrast of presumes. Setting juxtapose that of the imagery portrayed during the prologue. For instance: a lovely day, through a country to which the summer sweetness seemed to offer me a friendly welcome features a variety of positive adjectives and abstract nouns, i. E. sweetness and friendly.Albeit the heartening description of the scenery, any reader which had begun reading he novel with a mind-set of slight skepticism, would have attempted to read between the lines and would perhaps discover the awfully cliche nature of the vast and abrupt mood shift to be unsettling. James, as we know, wrote The Turn of The Screw with challenging the typical Gothic literature stance in mind; since he has chosen to implement this aspect of the narrative beginning as pleasant and harmonious despite his clearly apparent goals, this in turn imposes unease upon the reader as they begin to second-guess the legitimacy of the governess recount.Unease is continuously maintained more so than tension or fear as of yet thro ughout the rest of chapters 1 and 2. Most notably, the level of unease the reader feels is heightened when the governess meets Flora; spot a creature so charming, and: She was the most beautiful child I had ever seen both strike the reader as very peculiar and extravagant remarks to make about a young child. This might be regarded as some as the first sign of the governess perception skewed and/or delusional to some degree.How she will treat and look after Flora becomes a pressing Hough that the reader possesses, since there is uncertainty as to whether her inexperience will lead to a lack of rational approach when nurturing a chi lid whom she finds so exquisite. Unease again is heightened further on at the beginning of chapter 2, when the news is heard of Miles expulsion from school, within days of her enrolling as her position.The governess uptakes a gallant uptake of duty and deems herself responsible for this having happened. Tension is simultaneously resumed when the governess claims that the schools reasoning for having done so is because Miles was an injury to there. This quotation insinuates that Miles a 10 year old and seemingly innocent boy -? had the capacity to cause harm to his classmates (and teachers).