Consumer Protection

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."
January 07, 2025
H&R Block Accused Of Negligence In Data Breach

An H&R Block user who claims cybercriminals disseminated his personal information on the dark web, after a data breach at the tax preparation firm, accused the company in a proposed class action of failing to properly protect consumer data.
January 07, 2025
Coinbase Judge Sends Crypto's Howey Question To 2nd Circ.

A New York federal judge Tuesday waved through a request from Coinbase to have the Second Circuit weigh in on whether the cryptocurrency transactions on its platform are investment contracts, putting the U.S. Securities and Exchange Commission's ongoing registration suit against the crypto exchange on ice for now.
January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now

Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
January 07, 2025
Google Avoids Data Destruction Sanctions In Ad Privacy Suit

A California federal judge has declined to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in a putative class action claiming the company's ad auction practices violate privacy rights, saying the consumers' motion came too late after fact discovery closed.
January 07, 2025
CFPB Senior Litigator Who Defended Key Rules Is Departing

A veteran Consumer Financial Protection Bureau litigator who represented the agency in a slew of high-profile cases challenging its rulemakings and constitutionality is heading for the exit after more than a decade at the consumer watchdog.
January 07, 2025
Top Groups Lobbying The FCC

The Federal Communications Commission heard from advocates more than 50 times in December on issues ranging from prison phone rates to the use of artificial intelligence in text messages, shared use of the airwaves, marketing consent rules and more.
January 07, 2025
Khan Says FTC Approach A Bulwark To Trump 'Backsliding'

Outgoing Federal Trade Commission Chair Lina M. Khan on Tuesday defended the Biden administration's aggressive tack against corporate power and concentration, telling CNBC that while it's "natural" Facebook and Amazon might seek a "sweetheart deal" from the Trump administration, the past four years have made "backsliding" more difficult.
January 07, 2025
Grayscale Rival Insists Connecticut Law Allows $2M Suit

Digital asset management firm Grayscale cannot duck a smaller rival's unfair trade practices suit based on its argument that the relevant Connecticut state law has a carveout for conduct involving securities transactions, Osprey Funds said in opposing summary judgment.
January 07, 2025
NC Homeowners Certified In HOA Debt Collection Class Action

A federal judge has certified two classes of North Carolina homeowners who allege that a debt collector charged excessive fees and sent misleading notices to scare people into ponying up the cash, but the judge excluded a third proposed class that she said was too ambiguous.
January 07, 2025
Amazon Accused Of Secretly Slowing Delivery In Poorer Areas

An Amazon Prime subscriber is accusing the company of secretly excluding "historically underserved communities" across the country from its promise to deliver packages in two days, in a proposed class action filed in Washington state court.
January 07, 2025
Judge OKs Dig Into Yale, Fertility Doctor's Decade Of Files

A Connecticut state trial court judge will allow two women to dig through a decade of records spanning 1974 to 1984 to support their assertions that a Yale-connected fertility doctor used his own sperm to impregnate them in the mid-1980s.
January 07, 2025
States Push For Jury Trial In Google Ad Tech Case

State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.
January 07, 2025
Ford Tells NJ Justices Car Group Can't Rely On Franchise Law

Ford Motor Co. told the New Jersey Supreme Court during oral argument Tuesday that a coalition of car dealerships can't sue it under the state's franchising law, arguing the plain language of the law only allows for franchisees to bring a cause of action against franchisors.
January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told

A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.

Expert Analysis

Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
5 Drug And Device Developments That Shaped 2024

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
Takeaways From SEC's Mixed Results In '24 Crypto Litigation

Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
Opinion

Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
Reviewing The High Court's Approach To Free Speech Online

As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
Series

In The CFPB Playbook: A Sprint To The Finish Line

The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

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

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

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

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

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

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

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.