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Consumer Protection
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July 30, 2024
Judge Wants Device Warning Answers From Mich. Justices
A Michigan federal judge ruled Tuesday that medical device manufacturer NuVasive Inc. must face a patient suit alleging its limb-lengthening device caused metal poisoning, while also asking the Michigan Supreme Court to break its silence on medical manufacturers' duty to warn patients directly.
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July 30, 2024
OnlyFans Dupes Users With Chatty Impersonators, Suit Says
OnlyFans knowingly allows professional "chatters" to impersonate content creators on the subscription platform, duping users into thinking they're having a direct conversation with an individual they paid to connect with and resulting in personal information being shared with that stranger, according to a proposed class action filed in California federal court.
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July 30, 2024
Monsanto PCB Plaintiffs Say Expert Can Survive Appeals Loss
A group of families suing Monsanto alleging chemical poisoning urged a Washington state judge on Monday to reject the company's bid to derail their case nearing trial, arguing testimony from an exposure expert cannot be ruled out just because an appellate court struck some of his opinions in a different case.
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July 30, 2024
Student Loan Borrower Takes Debt Fight To High Court
A borrower is seeking the U.S. Supreme Court's review of the dismissal of his lawsuit alleging a state student-loan-servicing agency's misrepresentations ended a loan forgiveness opportunity, arguing a circuit court decision that shielded the agency from the suit conflicts with the prior rulings.
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July 30, 2024
Exxon Loses Bid For Avangrid Docs In Mass. Climate Suit
ExxonMobil will not gain access to potentially millions of documents from wind energy company Avangrid as part of the Massachusetts attorney general's long-running climate change suit, after a state court judge found it "inconceivable" that the sought-after material could be relevant to the case.
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July 30, 2024
Low-Power TV Stations Seek More Latitude From FCC
Low-power television stations believe it's time for the Federal Communications Commission to allow them to start operating at higher levels of power as long as they remain in their service contours.
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July 30, 2024
Feds, SEC Say Creator Of Crypto Co. BitClout Misled Investors
Federal prosecutors and the U.S. Securities and Exchange Commission announced parallel actions Tuesday against the founder of crypto project BitClout for allegedly duping investors and spending millions of proceeds for his own benefit.
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July 30, 2024
Crypto Groups Say Loper Bright Defeats SEC Dealer Rule
The crypto industry groups fighting U.S. Securities and Exchange Commission regulations that could force some of their members to register with the agency as securities dealers are arguing that the U.S. Supreme Court's recent abandonment of Chevron deference bolsters their argument that the SEC lacked the authority to expand its definition of dealer.
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July 30, 2024
SEC Asks To Amend Token Claims In Binance Complaint
The U.S. Securities and Exchange Commission told a D.C. federal court that it plans on amending its claims concerning third-party tokens that traded on crypto exchange Binance's platform, according to a Tuesday status update in the enforcement suit.
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July 30, 2024
Justices Urged To Certify Class Over Firm's Illegal Faxes
A Georgia-based recruiting agency is asking the U.S. Supreme Court to toss a Fourth Circuit ruling that the Telephone Consumer Protection Act's fax machine definition is limited to standalone fax machines and does not include online fax services, saying the January decision creates a circuit split that needs settling.
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July 30, 2024
DOD Contractors Must Face Suit Over 'Made In U.S.A.' Label
A pair of whistleblowers who claim that tourniquets and other medical equipment sold to the U.S. Department of Defense was mislabeled as "made in U.S.A." can continue with most of their False Claims Act suit against two contractors, a Pennsylvania federal judge said.
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July 30, 2024
Dominion Again Pushes DQ Bid For Ex-Overstock CEO Atty
Attorneys for Dominion Voting Systems are again urging a D.C. federal judge to disqualify a Michigan attorney from representing former Overstock.com CEO Patrick Byrne in a defamation lawsuit, saying she and her client "lack any respect for the rule of law" and pose risks to Dominion employees.
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July 30, 2024
Pickleball Paddle Co. Says Error, Not Fraud, Led To 'False' Ads
Joola-brand pickleball paddle maker Sport Squad Inc. is blasting accusations that it falsely marketed its equipment as approved for tournament play, instead blaming an administrative error that has given rise to a sprawling proposed class action.
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July 30, 2024
FTC, Career Step Pitch $43.5M Deal For Alleged Bogus Claims
Career Step LLC, a for-profit online career training company, has struck a $43.5 million proposed settlement to resolve Federal Trade Commission claims it targeted servicemembers and their spouses with deceptive advertising about its programs and the successes of its students.
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July 30, 2024
Financial Co. To Pay $20M To Resolve DOL Embezzlement Suit
A financial planner agreed to pay $20 million to 17 retirement plans it manages to resolve a lawsuit from the U.S. Department of Labor accusing it of improperly shuffling money between accounts and embezzling at least $5 million in plan assets, a filing in Pennsylvania federal court said.
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July 30, 2024
Texas, Meta Reach Historic $1.4B Deal In Biometric Data Suit
The state of Texas has reached a historic $1.4 billion settlement with Meta Platforms Inc. in a lawsuit accusing the social media giant of illegally collecting Facebook users' biometric data through its now-discontinued facial recognition feature, attorneys for the state announced Tuesday.
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July 29, 2024
5th Circ. Pauses DOT's New 'Junk Fees' Rule Amid Review
The Fifth Circuit on Monday agreed to temporarily block a U.S. Department of Transportation rule requiring airlines to clearly disclose add-on fees upfront while the appellate court reviews the rule, which has been challenged by major airlines and airline associations.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
9th Circ. Partly Revives BofA Customers' ATM Fee Suit
The Ninth Circuit on Monday partially reinstated a proposed class action alleging Bank of America charged out-of-network fees for balance inquiries customers said they didn't know they authorized on ATMs, finding customers can be charged under their contract only if it's clear they sought the information and initiated the transaction.
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July 29, 2024
Chemical Groups Say Chevron Sinks EPA Ethylene Oxide Rule
A chemical company and two chemical associations are telling the D.C. Circuit that a recent U.S. Supreme Court decision undermines the federal government's risk value for ethylene oxide, which they are challenging as being too high.
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July 29, 2024
CFPB Cites Thomas In New Bid To Transfer Late Fee Rule Suit
The Consumer Financial Protection Bureau on Monday took another whack at getting an industry-backed legal challenge to its $8 credit card late fee rule transferred from Texas federal court to Washington, D.C., this time drawing on U.S. Supreme Court Justice Clarence Thomas for a little rhetorical help.
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July 29, 2024
8th Circ. Urged To Ax FDIC's Multiple NSF Fee Guidance
Minnesota state bankers have urged the Eighth Circuit to uphold their challenge to Federal Deposit Insurance Corp. guidance conscribing the use of non-sufficient funds fees, arguing a Minnesota federal judge was wrong to reject their case as premature.
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July 29, 2024
Making Broadcasters File Disaster Reports Not Wise, FCC Told
Broadcasters say it's a bad idea for the Federal Communications Commission to force them to start reporting disaster-related outages to the agency like other communications companies are required to because it would distract them from reporting about whatever disaster is happening.
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July 29, 2024
FTC, Challengers, Their Backers Vie For Noncompetes' Fate
The fate of the Federal Trade Commission's noncompete ban is on the line as the agency trades blows with the U.S. Chamber of Commerce and other challengers spread across three different federal courts, all now grappling with a decision last week providing important backing to the FTC's rulemaking authority.
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July 29, 2024
CFPB Says Lease-To-Own Co. Acima Misled Vulnerable Users
Lease-to-own fintech company Acima had customers paying more than twice the retail price of home goods by deceptively locking them into high-cost "virtual rent-to-own" financing plans, the Consumer Financial Protection Bureau alleged in a new lawsuit filed Friday in Utah federal court.
Expert Analysis
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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FDIC Bank Disclosure Rules Raise Important Questions
The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Expect Tougher Bank Exams 1 Year After Spring 2023 Failures
With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.