Consumer Protection

  • July 02, 2024

    Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case

    The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.

  • July 02, 2024

    High Court Agrees To Review FDA's Flavored E-Cig Denial

    The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.

  • July 02, 2024

    Justices Will Hear Texas' Porn Site Age Check Law

    The U.S. Supreme Court will hear a case challenging a Texas law that requires people accessing websites containing explicit material to provide age verification before they can see the content, the nation's high court said Tuesday.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    SEC's High Court Loss May Sting For Banking Enforcement

    The U.S. Supreme Court's latest rebuke to the U.S. Securities and Exchange Commission is poised to complicate enforcement for the federal banking agencies, providing new ammunition for challenges to the validity of their administrative proceedings, attorneys say.

  • July 01, 2024

    TCPA Needs Update To Fight Scam Texts, FCC Chair Says

    If Congress wants the Federal Communications Commission to do more about scam texts, it should consider updating the Telephone Consumer Protection Act for the first time in more than 30 years to account for the changing times, the head of the agency has told members of the House.

  • July 01, 2024

    FCC Urged To Delay Broadcast Reporting Rule During Lawsuit

    Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.

  • July 01, 2024

    W.Va. Homeowner's Depreciation Suit Survives Dismissal

    A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.

  • July 01, 2024

    Gluten Abounds In Trader Joe's Gluten-Free Bagels, Suit Says

    Trader Joe's has been hit with a proposed class action in California federal court claiming its "Gluten Free Almost Everything Bagels" actually contain high levels of gluten that exceed the legal limits for the claim.

  • July 01, 2024

    CFPB, Loan Trusts Push Back On PIMCO Deal Objections

    The U.S. Consumer Financial Protection Bureau and multiple student loan trusts have urged a Pennsylvania federal judge to ignore objections from investment giant PIMCO to a proposed $5 million settlement of claims tied to alleged servicing violations by Pennsylvania's Higher Education Assistance Agency.

  • July 01, 2024

    Silvergate To Pay $63M Over Internal Monitoring 'Deficiencies'

    The business behind now-defunct crypto-focused bank Silvergate has agreed to pay $63 million in combined penalties from regulators to settle claims its internal transaction monitoring and risk assessment of its customers, including of collapsed crypto exchange FTX, weren't up to par, regulators announced Monday.

  • July 01, 2024

    July 4 Parade Shooting Survivors In Ill. Sue Smith & Wesson

    The families of victims of the 2022 July Fourth parade shooting in Highland Park, Illinois, are suing Smith & Wesson and firearm retailers in state court, alleging they deliberately marketed the M&P-15, an AR-15-style rifle, to appeal to people like the shooter.

  • July 01, 2024

    Carvana Seeks Toss Of Chancery Suit Alleging Faulty Sales

    An attorney for online used-car sales giant Carvana Inc. on Monday urged Delaware's chancellor to toss or stay what he described as a derivative damages case "repackaged" from past or pending federal securities actions that "have not fared well."

  • July 01, 2024

    Enforcers Push Antitrust Agenda, Brace For Google Ruling

    The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.

  • July 01, 2024

    State AGs Get Stay Lifted In Generic Drug Pricing Litigation

    A Connecticut federal judge on Monday agreed to lift a partial discovery stay in a trio of generic drug pricing antitrust suits led by the attorneys general of New York and Connecticut, according to a short, text-only order posted to each of the case dockets.

  • July 01, 2024

    FCC Chief Floats Rules To Secure Emergency Alerts

    The Federal Communications Commission will consider new rules to beef up security of the nation's emergency alerts for broadcasts and mobile devices, which the agency says face increasing vulnerability.

  • July 01, 2024

    FCC Chief Says Time Right To Reexamine Bulk Billing In Apts.

    The Federal Communications Commission needs to consider establishing rules that would limit bulk billing deals for broadband service because its record on the issue is outdated, FCC Chair Jessica Rosenworcel told a Florida Democrat concerned that new rules could harm low-income consumers.

  • July 01, 2024

    EPA Inks Deal To Take Action On States' Haze Plans

    The U.S. Environmental Protection Agency has agreed to take action on plan revisions submitted by more than 30 states aimed at curbing haze-forming air pollution, resolving environmental groups' claims the agency has unlawfully delayed approving or denying the various plan revisions.

  • July 01, 2024

    Binance, Ex-CEO Must Face 'Bulk' Of SEC Case

    A Washington, D.C., federal judge has ruled that Binance, its former CEO and its U.S. arm will have to face the "bulk" of a lawsuit from the U.S. Securities and Exchange Commission, but claims surrounding the crypto exchange's stablecoin and certain secondary sales of its proprietary token won't move forward.

  • July 01, 2024

    Fla. Telecom To Pay $1M Fine For FCC Underpayments

    Florida-based telecom PayG will be shelling out a $1 million penalty to the Federal Communications Commission after the agency said it contributed some $400,000 less than it should have to the Universal Service Fund.

  • July 01, 2024

    NC Doctor Takes Abortion Drug Limits Fight To 4th Circ.

    A North Carolina doctor who challenged the state's restrictions on abortion drug mifepristone asked the Fourth Circuit to review a district court's decision to allow certain limits to stand.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    SD Ban On Modified Hemp Products Allowed To Take Effect

    A new South Dakota state law prohibiting the processing of hemp derivatives into intoxicating products was allowed to go into effect Monday after a federal judge declined to grant an injunction halting its enforcement while a constitutional challenge played out.

  • July 01, 2024

    White & Case Veteran To Co-Head Global Comp Practice

    White & Case LLP announced Monday the addition of a second chair for its still-growing global competition practice, elevating a 16-year firm veteran to co-chair the group.

Expert Analysis

  • Opinion

    California Has A Duty To Curtail Frivolous CIPA Suits

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    As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.

  • Risks And Promises Of AI In The Financial Services Industry

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    Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Key FCC Enforcement Issues In AT&T Location Data Appeal

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    AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • What To Know As CFPB Late Fee Rule Hangs In Limbo

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    Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • What TikTok's Race Against The Clock Teaches Chinese Firms

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    The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Unlocking Blockchain Opportunities Amid Legal Uncertainty

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    Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.

  • 4 Ways Businesses Can Address Threat Of Mass Arbitration

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    Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.

  • The Uncertain Scope Of The First Financial Fair Access Laws

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    With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

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