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Consumer Protection
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March 24, 2025
NC High Court OKs Fee Suit Over Campus COVID Closures
The North Carolina Supreme Court has kept alive a proposed class action over student fees paid to public universities whose campuses shut down during the COVID-19 pandemic, finding sovereign immunity doesn't bar the students' breach of contract claims.
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March 24, 2025
NYC Shops' Suit Over Pot Crackdown Tossed
A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.
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March 22, 2025
Up Next At High Court: Non-Delegation & Clean Air Fights
The U.S. Supreme Court will return to the bench Monday to hear arguments in a dispute that could revive a long-dormant separation of powers principle and trigger a regulatory power shift.
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March 21, 2025
Only FDIC Can Sue Over Signature Bank Collapse, Judge Says
A New York federal judge on Friday tossed a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, saying shareholders lacked standing to sue in light of the FDIC being a receiver of both the failed bank's assets and rights of the bank's stockholders.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
7th Circ.'s Sykes' Top Rulings Before Senior Judge Transition
Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heard on major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits.
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March 21, 2025
NJ AG Says Landlord Discriminated Against Low-Income Renters
The New Jersey Division on Civil Rights has found probable cause that the owner of a Garden State apartment complex and its leasing agent allegedly discriminated against poor tenants through illegal minimum-income requirements, Attorney General Matthew J. Platkin announced Friday.
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March 21, 2025
NY AG Notches Another Data Security Deal With Auto Insurer
Root Insurance Co. will pay $975,000 to resolve the New York attorney general's claims that the company failed to protect driver's license numbers and other personal information swept up in a hacking campaign targeting online rate quote tools, marking the fourth settlement that the regulator has reached with auto insurers over alleged data security failings.
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March 21, 2025
SEC Crypto Roundtable Puts 'Howey' To The Test
The U.S. Securities and Exchange Commission brought a dozen cryptocurrency legal experts together on Friday to wrestle with how to define security status for digital assets, and their in-depth discussion left the regulator with more questions or suggestions than agreed-upon definitions.
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March 21, 2025
NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good
Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.
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March 21, 2025
Amazon Beats Consumer's Suit Over Late Delivery Again
A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.
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March 21, 2025
DC Circ. Won't Halt Revamp Of Public Safety Spectrum
The D.C. Circuit has denied requests from two sheriffs' groups and the San Francisco transit system to delay the Federal Communications Commission's order revamping the 4.9 gigahertz spectrum band, which is heavily used by public safety organizations.
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March 21, 2025
Texas Regulator Says Scammers Recruited Game Developers
The Texas State Securities Board entered an emergency cease-and-desist order to stop offers of an allegedly fraudulent blockchain token called Apertum, saying its creators successfully recruited developers behind "Grand Theft Auto V" to launch a new game requiring the purchase of the token.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Meta Defends Need For Current Data In FTC Case
Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.
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March 21, 2025
Boeing's Ex-CEOs, Suppliers Escape 737 Max Family's Claims
An Illinois federal judge on Friday dismissed a suit from an Ethiopian Airlines crash victim's family alleging former Boeing CEOs were personally liable for the company's negligence, holding the complaint lacks facts regarding what the CEOs knew about the jet's overall safety after another crash five months earlier.
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March 21, 2025
FCC Probes Chinese Cos. For Alleged Illicit US Operations
The Federal Communications Commission on Friday launched a new inquiry into Huawei, ZTE and other companies linked to the Chinese government examining whether they are still operating in the U.S. in violation of restrictions meant to curtail their operations here.
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March 21, 2025
Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit
A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.
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March 21, 2025
CFPB Says Comerica Trying To Forestall Agency Suit
The Consumer Financial Protection Bureau told a Texas federal judge on Friday that Comerica Bank was merely trying to use a lawsuit against the agency to forestall an enforcement action over the bank's handling of a government benefit card program.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Dems Call On Trump To Reinstate Axed FTC Commissioners
A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."
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March 21, 2025
Boutique Firm Accuses IRS Of Illegally Enforcing Payroll Tax
A consumer-protection boutique law firm accused the IRS of illegally enforcing payroll taxes while delaying the processing of pandemic-era employee retention tax credits, which the firm claimed would have helped with compliance, according to a complaint in Connecticut federal court.
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March 21, 2025
Fla. Whistleblower Suit Filed Over Deadly Theme Park Ride
A technician who worked at a Florida amusement park has filed a whistleblower lawsuit over trying to report the unsafe conditions on a ride that led to the death of a 14-year-old boy, alleging unlawful termination after refusing to falsify maintenance records at the behest of supervisors.
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March 21, 2025
Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge
The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.