Consumer Protection

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • 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.

Expert Analysis

  • Series

    Playing Diplomacy Makes Us Better Lawyers

    Author Photo

    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Proposed Mortgage Assistance Rule: Tips For Servicers

    Author Photo

    The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.

  • A Look At 5 States' New Data Privacy Laws

    Author Photo

    With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

    Author Photo

    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Conn. Court Split May Lead To Vertical Forum Shopping

    Author Photo

    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

    Author Photo

    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

    Author Photo

    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

    Author Photo

    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

    Author Photo

    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • What 2 Key Rulings Mean For Solicitation Under TCPA

    Author Photo

    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

    Author Photo

    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

    Author Photo

    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Navigating The Complexities Of Cyber Incident Reporting

    Author Photo

    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

    Author Photo

    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Using Primacy And Recency Effects In Opening Statements

    Author Photo

    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Consumer Protection archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!