Consumer Protection

  • October 15, 2024

    Justices Mull RICO's Scope In Trucker's CBD Case

    U.S. Supreme Court justices on Tuesday appeared conflicted whether to sanction a commercial trucker's attempt to bring a racketeering claim against CBD companies, whose allegedly mislabeled products the trucker claims led to his firing.

  • October 15, 2024

    Morgan Stanley, BofA Sued Over Cash Sweep Programs

    Minnesota-based financial services company Safron Capital Corp. launched a pair of proposed class actions against Morgan Stanley and Bank of America in New York alleging the firms used their so-called cash sweep programs "to generate massive revenue for themselves at the expense of their customers."

  • October 15, 2024

    Mich. Judge Unsure If PE Firm's Loan Broke Usury Law

    The interest rate on a private equity firm's loan to a Detroit house-flipping venture exceeded usury limits, but it was unclear whether the lender knowingly charged an excessive rate, a Michigan state judge ruled after the case returned from a trip to the Michigan Supreme Court. 

  • October 15, 2024

    Google Seeks To Pause Play Store Injunction Amid Appeal

    Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.

  • October 15, 2024

    LA Injury Law Firm Sued Over Unsolicited Robocalls

    A California man is suing Los Angeles-based personal injury firm Wilshire Law PLC in federal court, alleging the firm is violating the Telephone Consumer Protection Act by making unsolicited robocalls to drum up business.

  • October 15, 2024

    J&J Hit With $15M Verdict In Builder's Mesothelioma Suit

    A Connecticut state court jury on Tuesday slammed Johnson & Johnson and several subsidiaries with a $15 million compensatory damages verdict for a real estate developer who sought to hold the companies liable for his mesothelioma diagnosis.

  • October 15, 2024

    LabCorp Gets Google Health Info Suit Sent To Arbitration

    Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.

  • October 15, 2024

    Atty Says Appellate Co.'s Ads Look Like Case Updates

    A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.

  • October 15, 2024

    FTC Attorney Rejoins Hogan Lovells Antitrust Group In DC

    A former Federal Trade Commission attorney, who previously spent about five years with Hogan Lovells as a senior associate, has rejoined the firm's antitrust, competition and economic regulation practice in Washington, D.C., as a partner, the firm announced Tuesday.

  • October 15, 2024

    Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid

    A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.

  • October 15, 2024

    Insurer Asks Court To Weigh In On Damaged Embryo Suit

    An insurer for a fertility clinic asked a Texas federal court to determine whether it owes coverage for an underlying suit accusing the clinic of knowingly transferring damaged or destroyed embryos into patients.

  • October 15, 2024

    2nd Circ. Says 'Robust' Video Privacy Law Covers NBA Suit

    The Second Circuit on Tuesday endorsed a broad reading of a decades-old video privacy law in the modern internet age as it revived a proposed class action against the NBA by one of its free newsletter subscribers who claimed the league's website unlawfully shared his viewing information with Facebook.

  • October 15, 2024

    EPA Pitches Deal For Endocrine-Disruptor Screening Suit

    The U.S. Environmental Protection Agency is proposing a plan to settle a lawsuit that farmworker and environmental health groups brought over its alleged inaction on an Endocrine-Disruptor Screening Program meant to consider how pesticide chemicals may harm people's hormone systems.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 14, 2024

    Crypto-CEO Faces US Extradition In Market Manipulation Case

    The former chief executive of a $7.5 billion crypto-asset company appeared at a London court Monday accused by the U.S. government of manipulating the market for the company's dog-themed "Saitama Inu" crypto-tokens before selling them for tens of millions in profit.

  • October 11, 2024

    Ill. Judge Trims Labeling Suit Over Coca-Cola's Soda Water

    An Illinois federal judge essentially halved on Friday two consumers' false advertising suit targeting artificial sweeteners allegedly found in Coca-Cola's Fresca soda water, cutting one plaintiff and one focus of their consumer fraud claims from the case. 

  • October 11, 2024

    With Swipe At Attys, CFPB's Chopra Defends Use Of Guidance

    At a tough-talking appearance in Utah on Friday, Consumer Financial Protection Bureau Director Rohit Chopra said he doesn't sweat potential legal challenges to his agency's rules and suggested some industry-side attorneys can be "leeches" who relish compliance uncertainty if it boosts their billable hours.

  • October 11, 2024

    High Court's TCPA Grant Set To Broaden Loper Bright's Blow

    On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

  • October 11, 2024

    5th Circ. Broke Precedent In FCC Subsidy Case, Justices Told

    The Fifth Circuit not only split with two other appeals courts when it overturned the revenue base for the Federal Communications Commission's telecom subsidy programs, but also broke with U.S. Supreme Court precedent, advocacy groups told justices Friday.

  • October 11, 2024

    Apple Judge OKs New Schedule But Pans 'Burden' To Court

    A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.

  • October 11, 2024

    Up Next At High Court: CBD Injuries & The Clean Water Act

    The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.

  • October 11, 2024

    Ill. Restaurants Fire Back At Banks' Bid To Halt Swipe Fee Law

    Trade groups for restaurants and retailers have urged an Illinois federal judge to reject a proposed preliminary injunction to block a first-of-its-kind state law restricting swipe fees, arguing that relief from such fees is badly needed for small family businesses and consumers.

  • October 11, 2024

    Phone Unlocking Advances Digital Equity, Civic Group Says

    Setting federal rules that dictate when mobile providers have to unlock a customer's device, allowing people to switch providers without having to buy a new phone, would improve digital equity, says a group that promotes Black civic participation.

  • October 11, 2024

    Monsanto Inks $35M Deal With LA For Waterway Cleanup

    Los Angeles announced Friday it inked a $35 million settlement with Bayer AG's Monsanto Co. and two other companies over their alleged contamination of the city's bodies of water with toxic chemicals, ending the 2½-year-old lawsuit, with the companies agreeing to various cleanup efforts and reimbursement for previous costs.

Expert Analysis

  • Series

    Being A Luthier Makes Me A Better Lawyer

    Author Photo

    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

    Author Photo

    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

    Author Photo

    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Nat'l Security Considerations For Telecom Products Counsel

    Author Photo

    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

    Author Photo

    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

  • Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.

    Author Photo

    The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.

  • Unpacking The Increasingly Popular Fair Credit Billing Act

    Author Photo

    The Fair Credit Billing Act is receiving increased attention from regulators and consumers disputing credit card charges, so creditors should understand its procedural requirements — including the law's focus on the mechanics of a dispute and its potential to create civil liability, say David Gettings and Courtney Hitchcock at Troutman Pepper.

  • Takeaways From EU's Initial Findings On Apple's App Store

    Author Photo

    A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

    Author Photo

    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

    Author Photo

    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Loss Causation Ruling Departs From Usual Securities Cases

    Author Photo

    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

    Author Photo

    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

    Author Photo

    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

    Author Photo

    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

    Author Photo

    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Consumer Protection archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!