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Consumer Protection
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July 14, 2025
Regulators Outline Crypto 'Safekeeping' Guidelines For Banks
Federal regulators said Monday that banks are free to offer cryptocurrency "safekeeping" services but should be mindful of the risks involved, stressing the need for strong cybersecurity and clear customer agreements, among other considerations.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
Capital One Again Moves To Toss Trump Debanking Suit
An amended complaint brought by President Donald Trump's revocable trust and Eric Trump merely made "superficial changes" to their unfounded claims that Capital One illegally canceled hundreds of Trump-affiliated accounts in the wake of the Jan. 6, 2021, attacks on the U.S. Capitol, the bank told a Florida federal court on Friday in a renewed bid to have the suit dismissed.
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July 14, 2025
Pawn Operator FirstCash Settles CFPB Military Claims For $9M
Pawn shop giant FirstCash Inc. has agreed to a $4 million fine and consumer redress payments of at least $5 million to resolve U.S. Consumer Financial Protection Bureau claims it violated the federal Military Lending Act with high interest pawn loans to active-duty servicemembers and their dependents despite an earlier consent order over the same misconduct.
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July 14, 2025
CFPB Deal To Put Medical Debt Back On Reports OK'd
A Texas federal court has reversed a Biden-era rule that kept an estimated $49 billion in medical debt from credit reports after the Consumer Financial Protection Bureau and lender trade groups struck a deal to axe the rule.
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July 14, 2025
CFPB Defends Timeliness Of Experian Credit Reporting Suit
The Consumer Financial Protection Bureau has urged a California federal judge to reject Experian's bid to toss key claims in the agency's suit accusing it of mishandling consumer credit reporting disputes, arguing that the company can't dodge liability by disavowing a tolling agreement.
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July 14, 2025
Texas AG Says Several Officials Indicted For Ballot Collection
The Texas Office of the Attorney General released a statement Monday announcing indictments and arrests for nine people for an allegedly ongoing ballot collection scheme in Frio County, adding to a growing list of state officials facing charges for participation in the alleged scheme.
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July 14, 2025
Nev. Says Crypto.com Twisted Fed Law For Sports Betting Biz
The Nevada Gaming Control Board urged a federal court to stay out of its way as it takes action to block Crypto.com from offering sports events contracts, arguing that its moves aren't preempted by federal regulation of the commodity futures market.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
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July 14, 2025
Cigna Denies Responsibility For Alleged Health Data Breach
Cigna has asked a Pennsylvania federal judge to throw out class claims by health plan members alleging it failed to protect their private data, arguing they didn't show how their sensitive information was intercepted from the insurer's websites.
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July 14, 2025
Noem Seeks Win In Suit Over SD Ban On Intoxicating Hemp
South Dakota's former governor, Homeland Security Secretary Kristi Noem, and current attorney general urged a federal judge on Monday to deliver a quick win to officials in a dispute over a law banning the processing of hemp derivatives into intoxicating products
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July 14, 2025
Nipple Cover Co., Customer Agree To Drop False Ad Suit
The woman behind a lawsuit accusing Cakes Body LLC of making reusable nipple covers that don't live up to their "grippy, not sticky" representations has quietly dropped her proposed class claims against the company in California federal court.
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July 14, 2025
Media Matters Wants FTC Probe Paused Pending Suit
Media Matters for America asked a D.C. federal court Monday for a preliminary injunction to block what it calls a retaliatory investigation by the Federal Trade Commission, saying the agency has been weaponized against the organization for simply exercising its First Amendment rights.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
OCC Drops 'Disparate Impact' From Fair Lending Oversight
The Office of the Comptroller of the Currency said Monday that it will stop checking to see whether banks' lending practices are causing potentially unintended discrimination, scrubbing so-called disparate-impact liability from its examination policies.
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July 14, 2025
House Passes Bills Aimed At Telecom Sector Security, Growth
The U.S. House of Representatives on Monday passed half a dozen bills designed improve U.S. network security and spur the growth of communications industries.
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July 14, 2025
FCC To Hear Anuvu's Claim It Got Shorted In Spectrum Move
Anuvu Licensing Holdings will get a hearing before an administrative law judge at the Federal Communications Commission to determine if the agency owes it money for clearing out part of the C-band to repurpose the spectrum.
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July 14, 2025
LinkedIn Antitrust Deal Offers Open Access And $4M For Attys
LinkedIn will stop conditioning online interface access on would-be rivals agreeing not to field their own professional social network, under an antitrust settlement with premium subscribers disclosed Friday in California federal court that promises $4 million for class attorneys from Bathaee Dunne LLP, Burke LLP and Korein Tillery PC.
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July 14, 2025
Google Ads Rival Wants Search Fix To Include It, AI Cos.
If a D.C. federal judge agrees with the Justice Department and orders Google to syndicate its search and search advertising results, he should do so in a way that permits expansive access, a search advertising rival said Friday in an 11th-hour intervention bid.
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July 14, 2025
Victim's Family Says Tesla 'Set Stage' For Fatal Fla. Crash
The family of a woman killed in a Florida Keys crash told jurors Monday that Tesla Inc. "set the stage" for a reckless driver to plow into the woman's vehicle by overhyping its autopilot software's capabilities despite knowing of vulnerabilities in the program.
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July 14, 2025
Law Student Burned At Mass. Frat Party Sues Everclear Maker
A Boston University exchange student who suffered third degree burns after 190-proof Everclear was poured near open fire at a fraternity party that created an explosive fireball sued the product's manufacturer in Massachusetts federal court Sunday, arguing it dangerously markets the product for wide range of uses near flammable sources.
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July 14, 2025
Airbnb Wants Out Of Pittsburgh House Party Shooting Suit
Airbnb said it has resolved all but one of a group of lawsuits brought against it after a 2022 mass shooting at a party at a Pittsburgh house rented through the app, and has renewed its objections to the last remaining claims from the family of a shooting victim.
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July 14, 2025
$94M Fee Bid In Auto Parts Antitrust MDL Rejected, For Now
A Michigan federal judge on Friday rejected class counsel's request to add $94 million to the $269 million fee award they have already secured for cutting deals totaling $1.2 billion resolving automotive parts antitrust litigation, finding that the request is excessive and premature, but allowing counsel to revise it in the future.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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CFPB Vacatur Bid Sheds Light On Agency Decision-Making
While the CFPB's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to CFPB decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.