Consumer Protection

  • January 08, 2025

    ATF Says Loophole Rule Passes 2nd Amendment Smell Test

    The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.

  • January 08, 2025

    Ford Can't Escape Texas Cop's Carbon Monoxide Injury Suit

    Ford Motor Co. can't get out of a suit by a Universal City, Texas, police officer who alleges he suffered carbon monoxide poisoning while idling in a Ford vehicle, because a Texas federal judge says the officer's expert and evidence support his claims that a vehicle defect is responsible for his injuries.

  • January 08, 2025

    Uber Rider's Discrimination Suit Sent To Arbitration

    A blind Uber customer must arbitrate claims that the drivers on the ride-sharing platform discriminate against visually impaired riders who use service animals, a D.C. federal judge has ruled.

  • January 08, 2025

    Epic Gets Backing For Google App Store Changes

    Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.

  • January 08, 2025

    Audi Electric SUVs Are 'Ticking Time Bombs,' Suit Claims

    Audi of America LLC and Volkswagen Group of America Inc. were hit with a proposed class action in Georgia federal court alleging certain Audi electric SUVs are "ticking time bombs" that can lose power, short-circuit and catch fire.

  • January 08, 2025

    Rivers Casino Hit With Pa. Suit Over Data Breach

    The owner of Rivers Casino in Philadelphia has been accused of not doing enough to safeguard customers' personal information, which was exposed during a data breach incident last year, according to a new class action filed Wednesday in federal court.

  • January 08, 2025

    CFPB Hit With Industry Suit Over Medical Debt Reporting Rule

    A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.

  • January 08, 2025

    H&R Block To Pay $7M Fine In False Ad Settlement With FTC

    Tax preparation giant H&R Block will pay a $7 million fine to help customers harmed by what the Federal Trade Commission called its deceptive advertising practices and make it easier for customers to downgrade to cheaper products under a settlement with the agency announced Wednesday.

  • January 08, 2025

    T-Mobile-UScellular Deal Won't Hurt Wireless Market, FCC Told

    T-Mobile's $4.4 billion plan to buy spectrum and lease cell towers from UScellular appears likely to benefit consumers, a free-market think tank told the Federal Communications Commission as public interest groups continue to fight the deal.

  • January 08, 2025

    Google Still Has To Face Users' Mobile App Privacy Suit

    Google is facing the prospect of another trial, this time over allegations it secretly tracked millions of Google app users' browsing and ad interactions, after a California federal judge rejected the tech giant's bid for summary judgment.

  • January 08, 2025

    Ariz. Tribe Sues Social Media Giants Over Youth Mental Health

    An Apache tribe has hit all the social media giants with a suit in California federal court claiming the companies' platforms are designed to addict young people but have a particularly bad effect on Native American youth, who already face a high risk of depression, addiction and suicide.

  • January 08, 2025

    Exiting CFTC Chair Warns Crypto Without Rules 'Ends Badly'

    The outgoing chair of the U.S. Commodity Futures Trading Commission Rostin Behnam used his final speech on Wednesday to urge lawmakers and regulators to address the "gap" in oversight of cryptocurrency markets.

  • January 08, 2025

    ExamSoft Wants Bar Taker's $2M Software Crash Suit Canned

    ExamSoft has asked a Connecticut federal judge to dismiss a bar examinee's $2 million software crash lawsuit, saying her claims of disability-based discrimination fail because she did not allege the software "poses an imminent threat of harm or is currently inflicting harm."

  • January 08, 2025

    Mortgage Cos. Fined $20M Over Cybersecurity Breach

    Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.

  • January 07, 2025

    Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement

    Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.

  • January 07, 2025

    Hyundai Can't Ditch Fees In Settled Case, Calif. Justices Told

    Hyundai and a California couple fought before the state Supreme Court on Tuesday over whether a cost-shifting statute was triggered after the couple settled their lemon law dispute during trial for less than what Hyundai previously had offered, with the couple arguing a ruling against them could deter future settlements.

  • January 07, 2025

    HHS Fines Mass. Health Firm $80K Over Ransomware Attack

    Elgon Information Systems, which provides digital medical record and billing support services, will pay $80,000 over alleged healthcare data protection rule violations following a ransomware attack on its systems in March 2023 that impacted roughly 31,248 customers, the U.S. Department of Health and Human Services announced Tuesday.

  • January 07, 2025

    'Cyber Trust Mark' To Soon Adorn Smart Devices, Gov't Says

    The makers of internet-connected devices such as home security cameras and voice-activated assistants will soon be able to obtain a label to certify that their products meet certain cybersecurity standards, under a new program officially launched by the Biden administration Tuesday. 

  • January 07, 2025

    NFT Buyers Can't Sue Over Market Fluctuations, Gallery Says

    A Metaverse-based art collection club has urged a federal judge to dismiss a fraud suit brought by investors claiming it lied about the benefits of investing in its members-only NFT opportunity, arguing that the alleged losses aren't attributable to anything other than market fluctuations and that New York's consumer protection laws do not protect out-of-state investors.

  • January 07, 2025

    Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

    The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.

  • January 07, 2025

    Surgeon Says Unprovided Report Should Nix Transplant Suit

    A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.

  • January 07, 2025

    Mortgage Servicer Makes Borrowers To 'Pay-To-Pay,' Suit Says

    Residential mortgage servicer Select Portfolio Servicing Inc. must face a customer's proposed class action alleging it breaks North Carolina state laws with $15 fees it charges borrowers who make monthly payments over the phone.

  • January 07, 2025

    Conn. AG, Feds Reach 3rd Dentist Kickback Settlement

    A joint investigation by state and federal law enforcement has netted its third settlement with a Connecticut dentist accused of using illegal patient recruiting tactics to rip off Medicaid.

  • January 07, 2025

    4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law

    The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.

  • January 07, 2025

    FCC Urged To Revisit New Robocall Penalty Plan

    Voice providers are calling on the Federal Communications Commission to ease robocall reporting requirements, with one prominent telecom trade group calling a potential agency proposal to fine companies $10,000 for submitting false or inaccurate compliance reports "unnecessarily punitive."

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

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    As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • How Changes In State Gift Card Laws May Affect Cos. In 2025

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    2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.

  • Lessons From The SEC's 2024 Crackdown On AI Washing

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    AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • Retailers Must Adapt As Courts Shift On False Price Claims

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    The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.

  • Health Tech Regulatory Trends To Watch In 2025

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    With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • Predicting The Lasting Changes CFPB May Face In 2025

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    President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

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