Consumer Protection

  • October 30, 2024

    Dental Co. Exec Found Dead After Missed Fraud Sentencing

    An ex-CEO of a dental device company was found dead after he did not appear in Seattle federal court last week for sentencing in a $10.7 million fraud scheme, the U.S. Attorney's Office for the Western District of Washington said Wednesday.

  • October 30, 2024

    Prison Phone Co. GTL Gets OK On $17M Price-Fix Deal

    Prison phone company Global*Tel Link Corp will pay $17 million to escape claims that it colluded with two other companies to inflate the cost of calls made from inside U.S. prisons after a Maryland federal judge gave the deal her preliminary seal of approval Wednesday afternoon.

  • October 30, 2024

    Amazon Escapes Biometric Data Suit Over Call Center Tech

    Amazon Web Services Inc. beat the last remaining claim in a proposed biometric privacy class action in Delaware federal court Wednesday, with a judge saying there's no evidence the tech giant's cloud-based call center service collects customer voice data.

  • October 30, 2024

    Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row

    An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.

  • October 30, 2024

    T-Mobile Defends UScellular Spectrum Buy At FCC

    T-Mobile and United States Cellular Corp. urged the Federal Communications Commission to dismiss challenges to UScellular spectrum leases as it seeks to sell wireless operations to T-Mobile, arguing the dispute over the leases is unrelated to the wireless sale.

  • October 30, 2024

    FCC To Consider Undersea Cable Security Review In Nov.

    The Federal Communications Commission next month is expected to embark on a review of security measures for undersea cables, an issue of growing concern over the last year.

  • October 30, 2024

    Mass. AG Seeks To Bar 'NYSE' Crypto Trading Scheme

    The Massachusetts attorney general has filed a complaint attempting to shut down a cryptocurrency investment scheme that allegedly uses the acronym of the New York Stock Exchange to dupe its victims.

  • October 30, 2024

    State AGs Ask Congress For Federal Price-Gouging Ban

    Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.

  • October 30, 2024

    Crypto Platform Founder Pleads Guilty To Illegal Wash Trading

    The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.

  • October 30, 2024

    3M Says Excess Insurers Must Cover PFAS Claims

    Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.

  • October 30, 2024

    3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival

    A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.

  • October 30, 2024

    Under Armour Hit With False Ad Suit Alleging Fake Discounts

    Under Armour was slapped with a potential false advertising class action Tuesday in New York federal court accusing it of promising customers huge savings on athletic apparel sold online and at its brick-and-mortar stores by including bogus, higher reference prices on products that are virtually never sold at those prices.

  • October 30, 2024

    CTIA Asks To Expand Hot Spot Program Directly To Devices

    School districts and libraries should be able to use their E-rate funds to provide commercially available mobile broadband service to students instead of just hotspots, a wireless industry trade group has told the Federal Communication Commission.

  • October 30, 2024

    Keurig Dr Pepper Sued Over 'Naturally Flavored' Ginger Ale

    Keurig Dr Pepper faces a proposed class action filed in California federal court accusing it of mislabeling its Schweppes and Canada Dry brands of ginger ale beverages as only containing "natural flavors" while they actually contain a synthetic chemical to mimic the taste of ginger.

  • October 30, 2024

    Maryland Says Electricity Greenwashing Law Is Constitutional

    Renewable energy company Green Mountain Energy Co. and a national advocacy organization cannot block a Maryland law aimed at cracking down on electricity suppliers' "greenwashing" claims, Maryland Attorney General Anthony G. Brown argued in federal court.

  • October 30, 2024

    Class Members Can't Change Opt-Out Rules In Chevy EV Deal

    A Michigan federal judge won't grant a bid by individual class members to change the opt-out procedure in a $150 million settlement to resolve claims that General Motors sold Chevrolet Bolt electric vehicles with defective batteries, calling the motion an improper late objection to the settlement's preliminary approval.

  • October 30, 2024

    FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison

    A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.

  • October 30, 2024

    Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says

    A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."

  • October 30, 2024

    Connecticut Water Users Amend Utility PFAS Class Action

    A proposed class of Connecticut consumers filed an amended complaint for a suit alleging a water utility knowingly sold water containing unhealthy levels of "forever chemicals" without installing treatment equipment that could have prevented the contamination from reaching people.

  • October 30, 2024

    Gulfstream Arbitration Notice To Worker Adequate, Court Says

    Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.

  • October 29, 2024

    Monsanto PCBs 'Pervasive' At School, Scientist Tells Jury

    Monsanto-made PCBs were "pervasive" at a Washington school, an industrial hygienist testified Tuesday in the latest trial over illnesses there before being grilled by defense counsel about the integrity of his material samples.

  • October 29, 2024

    NY Judge Tosses $14B Decongestant MDL

    A New York federal judge threw out a streamlined complaint in a multidistrict litigation accusing companies such as Target and Bayer of making and selling ineffective over-the-counter decongestants, finding Tuesday the state claims are expressly preempted, and the proposed class lacks standing on a federal racketeering claim as indirect purchasers.

  • October 29, 2024

    NY Health Provider To Boost Data Security To End AG's Probe

    An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday. 

  • October 29, 2024

    DOJ Will Restrict Data Swapping With 'Countries Of Concern'

    The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."

  • October 29, 2024

    Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts

    Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."

Expert Analysis

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Md. Deal Highlights Consumer Finance Program Regulations

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    Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    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

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    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

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    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

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    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

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    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.

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    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

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    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

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    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

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    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

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    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

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    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.

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