Consumer Protection

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    GOP Pennsylvania County Prosecutor Wins AG Race

    Pennsylvania Republican Dave Sunday, York County's district attorney who touted his record as a tough-on-crime prosecutor and his endorsements from several law enforcement organizations, captured the position of state attorney general Wednesday morning.

  • November 05, 2024

    Ex-US Attorney Wins Wash. Attorney General Race

    Seattle's former U.S. attorney Nick Brown will become Washington's next attorney general and the first Black man to hold the position, beating a mayor from the eastern part of the state who ran on his record as a gun rights advocate, the Associated Press projects.

  • November 05, 2024

    Wash. AG With Antitrust Focus Wins Governor's Race

    Bob Ferguson, a three-term Washington attorney general who drew national attention as an antitrust leader and a staunch advocate for consumer protection, was elected the state's governor Tuesday.

  • November 05, 2024

    Meta Hit With $15M South Korean Sensitive Data Use Fine

    South Korea's data protection regulator Tuesday revealed it has handed down a 21.62 billion won ($15.67 million) penalty against Meta Platforms Inc. for allegedly collecting Facebook users' sensitive personal information, including religious and political views, and sharing this data with thousands of advertisers without permission.

  • November 05, 2024

    Peet's Sinks ADA Bias Suit Over Alt Milk Surcharge, For Now

    A California federal judge on Tuesday freed Peet's Coffee from a proposed class action accusing it of discriminating against customers with lactose intolerance and milk allergies by levying a surcharge for non-dairy milk alternatives, saying customers who sued failed to show that only disabled customers would incur the extra cost.

  • November 05, 2024

    FTC Says Dave Mobile Banking App Deceives Customers

    The Federal Trade Commission on Tuesday accused mobile banking app Dave of misleading customers about the actual amount of cash advance they're likely to receive while also charging them undisclosed fees, including "tips" via a guilt-inducing interface, according to a complaint filed in California federal court.

  • November 05, 2024

    Ford To Face Punitives Bid At Next Ga. Trial Over Truck Roof

    Ford Motor Co. must face a punitive damages request at an upcoming jury trial over allegations that a defective pickup truck roof caused a husband and wife to suffocate during a rollover crash, a Georgia federal judge held Tuesday.

  • November 05, 2024

    Pa. AG Gets Order To Stop Glass Plant Dismantling

    The investment-firm parent of kitchenware company Anchor Hocking Holdings can't dismantle a recently shuttered glass plant in Pennsylvania until the state attorney general argues her case that the purchase and closure of the plant may be anticompetitive, according to a court order unsealed Monday.

  • November 05, 2024

    Public Interest Groups Press For 60-Day Phone 'Unlocking'

    Three big consumer advocate groups are throwing their weight behind a Federal Communications Commission proposal to require mobile providers to unlock a customer's device within 60 days of their signing up, saying the move would "most benefit lower-income customers."

  • November 05, 2024

    Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight

    Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."

  • November 05, 2024

    SEC Beats Stockbroker Challenge To BSA Enforcement

    A Utah federal judge on Tuesday tossed Scottsdale Capital Advisors' lawsuit accusing the U.S. Securities and Exchange Commission of wrongfully enforcing the suspicious activity reporting regulations under the Bank Secrecy Act, finding the microcap broker-dealer didn't show that the underlying enforcement action is subject to judicial review.

  • November 05, 2024

    Allow More High Power Use In Shared Airwaves, Org. Says

    The Federal Communications Commission is looking at overhauling the Citizens Broadband Radio Service, and the group that helped develop the standards for it originally says it's time to allow high power use in the midband spectrum.

  • November 05, 2024

    Eye-Rolling Must Stop, Judge Warns Before False Ad Trial

    A California federal judge overseeing a false advertising dispute set to go to trial Wednesday between Guardant Health and Natera cautioned lawyers for the medical diagnostic testing companies on Tuesday to stop their "eye-rolling" when opposing counsel speaks and also urged the rivals to keep trying for a last-minute settlement.

  • November 05, 2024

    Google Escapes Play Store Gift Card Scam Suit, For Now

    A California federal judge on Monday tossed a woman's proposed class action accusing Google of profiting millions of dollars stolen from victims of Google Play gift card scams but rejected the tech giant's contention that the woman was subject to a heightened pleading standard for claims predicated on fraud.

  • November 05, 2024

    CFPB Gets Good Grade On Info Security, But Gaps Remain

    The inspector general for the Consumer Financial Protection Bureau has given the agency a generally clean bill of health on its information security while flagging several weak points for improvement, including finding that it lacks a specific plan for handling a ransomware attack scenario.

  • November 05, 2024

    Fubo Defends Block Of Sports Streaming Service At 2nd Circ.

    Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.

  • November 05, 2024

    DC Circ. Wary Of FTC Changes To $5B Meta Privacy Deal

    The Federal Trade Commission faced a skeptical D.C. Circuit panel Tuesday in its bid to modify a $5 billion privacy deal with Meta, with judges questioning why any private company would settle with the agency if the deal could later be reopened.

  • November 05, 2024

    FTC Defends Noncompete Ban In 11th Circ. Appeal

    The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.

  • November 05, 2024

    Hagens Berman Defends Bid To Ditch AWOL Apple Suit Client

    A Washington federal judge expressed skepticism on Tuesday that Hagens Berman Sobol Shapiro LLP was within its rights to substitute a proposed class representative in an antitrust case against Amazon and Apple earlier this year when the lead plaintiff stopped communicating with the firm.

  • November 05, 2024

    Binance Says New SEC Complaint Suffers Same Old Flaws

    Cryptocurrency exchange Binance told a Washington, D.C., federal judge the U.S. Securities and Exchange Commission can't continue to argue that secondary sales of digital assets are securities transactions in its enforcement suit against the trading platform after the regulator acquiesced that the tokens themselves aren't investment contracts.

  • November 05, 2024

    Amazon Bashes Wash. Supreme Court's Price-Gouging Ruling

    Amazon urged a Washington federal judge Monday to toss an updated proposed consumer class action alleging price gouging during the pandemic, saying the claims remain overly broad and the Washington Supreme Court's interpretation of the state's consumer protection law is unconstitutionally vague.

Expert Analysis

  • Compliance Pointers For Amended Pa. Data Breach Law

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    Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Ga. Fintech Bank Charter Could Reshape Payments Industry

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    Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Staying Off The CFPB's Financial Services Offender Registry

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    The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.

  • What FDIC Expansion Of Change In Bank Control Could Mean

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    A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.

  • HSR Amendments Intensify Merger Filing Burdens, Data Risk

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    The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

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