Consumer Protection

  • March 04, 2024

    Feds Urged Not To Let Mobile Cos. 'Centralize' Airwaves

    Mobile networks should not be allowed to amass so much of the airwaves that they inadvertently crowd out national security technologies or sideline shared spectrum models, a group of experts told the U.S. Commerce Department.

  • March 04, 2024

    Defunct Conn. Nursing School Hit With 2nd $5M Placeholder

    Connecticut Attorney General William Tong's office secured a $5 million prejudgment remedy against a shuttered nursing school over the weekend, leaving the defunct for-profit Stone Academy on the hook for $10 million in total as it continues to battle claims including breach of contract and unfair trade practices in separate lawsuits.

  • March 04, 2024

    Relator Aims To Keep Steward Health Care Lawsuit Together

    A relator representing the U.S. government wants a Texas federal judge to keep its lawsuit against Steward Health Care System LLC intact, saying its allegations of the hospital system running a referral kickback scheme were sufficient to merit going forward with a trial in a response filed Friday.

  • March 04, 2024

    FCC Inks Anti-Scam Partnership With UK Counterpart

    The Federal Communications Commission said Monday it will work formally with its U.K. counterpart to combat scam robocalls and robotexts, an announcement that came days after reaching a similar agreement with Britain's data privacy enforcer.

  • March 04, 2024

    FAA Audit Flags Boeing 737 Max 9 Production Lapses

    Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.

  • March 04, 2024

    Chrysler Gets Claims Trimmed In Truck Fire Defect Suit

    A Michigan federal judge on Monday trimmed one plaintiff's breach of express warranty claims and all unjust enrichment claims from a suit against Fiat Chrysler alleging it sold vehicles with engines prone to overheating and catching fire.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Ohio Agency Puts Discovery On Hold In FirstEnergy Probes

    The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.

  • March 01, 2024

    General Mills Hit With False Ad Suit Over Pesticide In Cheerios

    A General Mills Inc. customer filed a proposed class action in New York federal court Thursday, alleging the company's labeling of its Cheerios brand is deceptive because it does not disclose that the cereals could contain dangerous levels of a pesticide that can reduce fertility and harm fetuses.

  • March 01, 2024

    J&J's Talc Lit The Spark For Doctor's Fatal Cancer, Jury Told

    Johnson & Johnson's baby powder was the 'spark' that caused the cancer that killed a Miami anesthesiologist, an attorney for her widower told jurors Friday as he urged them to punish the company for hiding the product's cancer links from consumers.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    Judge Says TCPA Class Limits Affect Only State Law Claims

    A Washington federal judge denied UnitedHealthcare's move to dismiss illegal automated call claims from non-Washington members in a Washington man's class action, calling the company's invocation of a 2017 U.S. Supreme Court ruling a "strained theory that has been rejected by every Circuit Court that has considered it."

  • March 01, 2024

    ​​​​​​​Amazon Shareholder Seeks Prime Info In Del. Chancery

    An Amazon stockholder has sued the online shopping and media giant in Delaware's Court of Chancery to obtain internal documents regarding what the investor and the government have called misleading schemes by the company to drive up Prime service subscriptions and confound customers who try to cancel their paid membership.

  • March 01, 2024

    McCarter & English Denied $1M Fee Bid In Celsius Ch. 11

    A New York bankruptcy judge has granted requests by a number of creditor groups in the Celsius Network Chapter 11 case for fees and expenses but denied a $1 million request by a borrower group represented by McCarter & English, saying it had failed to make a substantial contribution to the case.

  • March 01, 2024

    11th Circ. Revives Alabama Life Insurance Class Action

    An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.

  • March 01, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.

  • March 01, 2024

    State AGs Say SEC's Kraken Case Treads On State Authority

    Attorneys general from eight states have told a California federal judge that the theory used by the U.S. Securities and Exchange Commission in its enforcement case against crypto exchange Kraken could potentially preempt state laws for consumer protection.

  • March 01, 2024

    'We Don't Know If They Prejudged Meta,' Judge Says Of FTC

    The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    Suave Deodorant Buyers Ink $2M Settlement With Unilever

    A proposed class of antiperspirant buyers is asking an Illinois federal court to give the go-ahead to a $2 million settlement with Unilever United States Inc. over claims that it sold Suave products with dangerous amounts of benzene.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    Amazon Didn't Dupe Prime Buyer With TV Deal, Judge Rules

    An Amazon Prime customer who says he was tricked into thinking he saved $700 on a TV can't pursue fraud and deceptive practice claims against Amazon, an Illinois federal judge has ruled, finding that even if he only saved $100 compared to recent pricing, he still got exactly what he paid for.

  • March 01, 2024

    'Confusing' Class Cert. Bid Shot Down In Ga. 'No Lemon' Suit

    A Georgia federal judge refused Thursday to grant class certification to consumers who say they were denied appliance replacements by a pair of warranty companies, finding their proposed class was based on a "terse analysis littered with vague and conclusory assertions."

Expert Analysis

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

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    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Opinion

    Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Basics Of Bank Regulators' Push For Discount Window Use

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    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

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