Consumer Protection

  • April 19, 2024

    Banking Boss Seeks First Bite In Lawyer-Linked Debt Services

    Connecticut's banking commissioner says a trial court judge misapplied case law by sidelining his authority to investigate complaints against a debt collection operation attached to a law firm, saying his office should be the first to decide whether he or the judicial branch has authority over the matter.

  • April 19, 2024

    TCPA Only Protects Consumers, Fax Co. Worker Says

    One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued told a Colorado federal court.

  • April 19, 2024

    Flint Class Urges Approval Of $25M Water Firm Settlement

    A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.

  • April 19, 2024

    Yardi Ordered To Provide Info On Apartment Pricing Algorithm

    Real estate management software company Yardi Systems Inc. is going to have to turn over information about who has been using its rent maximizer algorithm to renters who claim that at least 11 property management companies have been using the service to fix rental costs, a federal judge has said.

  • April 19, 2024

    SpaceX Wants 'Flexible' Net Neutrality Rules For Satellites

    SpaceX is continuing its push for the rights of broadband providers to manage their networks, asking the Federal Communications Commission in a meeting this week to allow for a "flexible standard" as the commission's vote to reinstate net neutrality regulations approaches.

  • April 19, 2024

    Shampoo-Maker Can't Wash Away 'Natural' False Ad Suit

    An Illinois federal judge on Thursday trimmed but refused to toss a proposed class action alleging Dr. Squatch LLC deceptively labels its shampoo as "natural" even though it contains multiple artificial ingredients, saying the consumers had sufficiently alleged consumer fraud and unjust enrichment.

  • April 19, 2024

    DOJ Can't Coordinate Google Ad Tech Discovery With Texas

    A Virginia magistrate judge on Friday denied a request from the U.S. Department of Justice to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas.

  • April 19, 2024

    Madonna Sued, This Time In D.C., Over Late Concert Start

    Madonna is facing another proposed class action alleging the pop star kept fans waiting hours for her concert to begin, this time from show attendees in Washington, D.C., who claim that Madonna and Live Nation are "a consumer's worst nightmare."

  • April 19, 2024

    Candy Crush Developer Gets Sweet Win In Fraud Suit

    A Virginia woman has been ordered to arbitrate her proposed class action accusing the Maltese developer of Candy Crush, the popular smartphone puzzle game, of fraudulently inducing her to drop more than $3,000 on a tournament by misrepresenting her chances of winning thousands of dollars and a trip to London.

  • April 19, 2024

    Fla. Solar Panel CEO Can Be Sued In Mich., Judge Says

    A Michigan federal judge ruled Thursday that a Florida resident and former CEO of a solar panel company must face racketeering claims in Michigan alongside the company for allegedly scamming customers because he used to own property in the state and lived there during the alleged scheme.

  • April 19, 2024

    J&J Unit Sued Over Defective Knee Replacements

    A woman is suing Johnson & Johnson unit DePuy Orthopaedics in New Jersey federal court, alleging it marketed and sold a faulty knee replacement system that's prone to failing, requiring additional surgery to fix the issue.

  • April 19, 2024

    NY Scraps Proposal Impacting Local Broadband Networks

    Public broadband advocates are applauding a budget bill approved by New York's state Legislature that lacks previously proposed language they say would have weakened the state's rollout of locally owned wireless networks.

  • April 19, 2024

    Nevada Justices Stop Block On State's Ghost Gun Ban

    The Nevada Supreme Court has reversed an order blocking enforcement of state laws blocking the sale of so-called ghost gun kits, saying the lower court was wrong in finding the laws were unconstitutionally vague.

  • April 19, 2024

    NYT Inks Revised $2.4M Deal In Auto-Renewal Case

    A class of New York Times readers who sued over the newspaper's automatic subscription renewal charges has asked a Manhattan federal court for initial approval of a roughly $2.4 million settlement, after the Second Circuit shot down an earlier agreement due to concerns about attorney fees.

  • April 19, 2024

    Arnold & Porter Atty Returns To Greenberg Traurig In Calif.

    Greenberg Traurig LLP has rehired a former associate from Arnold & Porter Kaye Scholer LLP whose practice focuses on a range of environmental litigation dealing with cancer-causing chemicals, plastic pollutants and the laws surrounding their regulation.

  • April 19, 2024

    Antitrust Case Judge Reveals Husband's Ties With Apple

    A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.

  • April 18, 2024

    LG Chem Wants NC Man's Exploding Battery Suit Tossed

    LG Chem Ltd. is urging a North Carolina federal court to throw out a man's suit alleging that he was injured when one of the company's lithium batteries exploded in his pocket, saying the court doesn't have jurisdiction over the South Korean company.

  • April 18, 2024

    SEC Faces $1.8M Atty Fee Bid After Sanctions In Crypto Case

    A court-appointed receiver and defendants in the U.S. Securities and Exchange Commission's case against crypto project Debt Box requested Wednesday that the regulator pay roughly $1.8 million in sanctions to cover the fees incurred by an allegedly ill-gotten temporary restraining order and receivership.

  • April 18, 2024

    Citi Can Arbitrate Anti-Armenian Bias Suit, Judge Rules

    Citibank has won its bid to arbitrate proposed class claims that it discriminated against customers with Armenian surnames, as a Los Angeles federal judge found Wednesday that the plaintiff agreed to arbitrate allegations like these when she became a party to her Citibank card agreement.

  • April 18, 2024

    EU Antitrust Chief Says Merger Tool Not A 'Power Grab'

    The European Commission's top competition enforcer said Thursday the agency has taken a measured approach to using its newly asserted power to review mergers that fall short of local thresholds, as the European trading bloc's high court mulls a challenge of that authority from DNA sequencing company Illumina.

  • April 18, 2024

    Senate Dems Question 4 Biggest Banks Over Fraud Controls

    Two Democratic senators have asked the nation's four largest banks to share their systems to combat wire fraud and protect consumers from the fallout of unauthorized transfers.

  • April 18, 2024

    Google Judge Notes Broad Reach Of Texas Ad Tech Claims

    A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.

  • April 18, 2024

    School, Library Supporters Call FCC Wi-Fi Plan Cost Effective

    A trio of school and library groups defended a Federal Communications Commission plan to fund Wi-Fi hot spots in education, saying the conservative Heritage Foundation mischaracterized the initiative as wasteful.

  • April 18, 2024

    SEC Exams Division Flags Misleading Claims In Adviser Ads

    Investment advisers are publishing various misrepresentations and omissions in marketing materials, according to a recent risk alert from the U.S. Securities and Exchange Commission's examinations division that flagged a litany of compliance issues with the agency's marketing rule.

  • April 18, 2024

    AGs, Google Defend $700M Play Store Deal Ripped By Judge

    A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.

Expert Analysis

  • Binance Ruling Spotlights Muddled Post-Morrison Landscape

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    The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Consumer Privacy Takeaways From FTC Extraterritorial Action

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    With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Navigating Kentucky's New Consumer Privacy Law

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    On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • What FinCEN Proposed Customer ID Number Change Means

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    The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

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