Consumer Protection

  • December 19, 2024

    X Corp. Fails To Toss Data Breach Suit

    A California federal judge has refused to toss a twice-amended putative class action accusing X Corp. of failing to protect over 200 million users' personal information but tossed a breach of contract claim, saying users couldn't lean on the social media company's blog posts to allege X broke express security promises.

  • December 19, 2024

    Walgreens Must Face Uninjured Plaintiff's Receipt Class In Ill.

    An Arizona consumer who wasn't harmed by her Walgreens receipt's alleged overdisclosure of debit card information has standing to sue the company in Illinois, even if her suit is brought under federal law, a split state appellate panel said Thursday.

  • December 19, 2024

    Bank Groups Seek Halt Of CFPB's $5 Overdraft Fee Rule

    Bank groups have asked a Mississippi federal judge to put an interim hold on the Consumer Financial Protection Bureau's new rule establishing a $5 overdraft fee cap at larger banks and credit unions, arguing that the agency is trying to unwind more than a half-century of regulatory interpretation at a great potential cost to the industry.

  • December 19, 2024

    Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes

    Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.

  • December 19, 2024

    'Hawk Tuah' Memecoin Promoters Sued Over Crypto Flop

    Buyers of the viral "Hawk Tuah" meme-themed cryptocurrency sued the project's promoters and developers in New York federal court Thursday for failing to register the asset as a security while they "created a speculative frenzy" that led holders to lose thousands of dollars.

  • December 19, 2024

    UBS Unit To Pay $3.5M Over FINRA Preferred Stock Claims

    The brokerage unit of UBS has agreed to pay nearly $3.5 million to settle the Financial Industry Regulatory Authority's allegations that it did not have the proper supervisory system to catch unsuitable recommendations for short-term trades of syndicate preferred stocks.

  • December 19, 2024

    RealPage Inks $625K Calif. Tenant Protections Settlement

    Tenant screening company RealPage has agreed to pay $625,000 in penalties and restitution to put to rest allegations it violated California's COVID-19 Tenant Relief Act by providing screening reports to housing providers that improperly led to tenants being denied housing, according to an announcement made Wednesday.

  • December 19, 2024

    Juice Co. Pres. Supplied Tainted Drink To Low-Income Students

    A Washington-based fruit juice company executive pled guilty to charges related to selling tainted juice — some of which found its way into free or low cost lunches provided to students from low-income households — federal prosecutors announced on Thursday along with her nearly $750,000 penalty.

  • December 19, 2024

    3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum

    The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.

  • December 19, 2024

    FCC Told No Way To Network-Level Scan Of Calls For AI

    Consumer advocacy groups have come together to tell the Federal Communications Commission that they hate spam calls as much as anyone else, but they can't support a plan that would allow calls to be scanned for artificial intelligence at the network level.

  • December 19, 2024

    McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'

    McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.

  • December 19, 2024

    DOJ Wants Time In Fubo-ESPN Streaming JV Arguments

    The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.

  • December 19, 2024

    Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight

    A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.

  • December 19, 2024

    Full 6th Circ. Will Rehear GM Transmission Defect Case

    The Sixth Circuit on Thursday granted General Motors LLC's request for a full bench rehearing of a panel's decision from earlier this year upholding class certification for a group of drivers who allege the automaker knowingly sold vehicles with defective transmissions.

  • December 19, 2024

    Generic-Drug Cos. Get State AGs' Trial Order Flipped

    A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.

  • December 19, 2024

    CMA Issues Guidance For New Digital Competition Rules

    Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.

  • December 19, 2024

    EU Opens In-Depth Probe Of Liberty's $3.6B MotoGP Deal

    European antitrust regulators are investigating Liberty Media's proposed acquisition of Dorna Sports, citing concerns that the €3.5 billion deal could harm competition in motorsports broadcasting and drive up licensing costs.

  • December 19, 2024

    FCC Chief Floats Spectrum Revamp For Space Launches

    The Federal Communications Commission is eyeing new rules to revamp the spectrum band running from 2360-2395 megahertz to make room for commercial space launches.

  • December 19, 2024

    Casinos Say DOJ Has No 'Starting Point' For Room Rates

    Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.

  • December 19, 2024

    Michigan's Biggest Decisions Of 2024

    This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

  • December 19, 2024

    Tornado Cash Founder Says 5th Circ. Order Merits Dismissal

    The founder of cryptocurrency mixing service Tornado Cash renewed his bid to dismiss his money laundering and sanctions violation charges, saying a recent Fifth Circuit decision that found the company's smart contracts were not sanctionable property is fatal to the case.

  • December 19, 2024

    Chicken Soup Settles $3.1M Pet Food Feud Wth Alphia

    Chicken Soup for the Pet Lover's Soul Inc. has settled a Connecticut lawsuit that accused it of breaching a deal with a manufacturer to buy more than 1.3 million pounds of pet food every month between October 2023 and September 2024, state court records show.

  • December 19, 2024

    Kia Telluride Owners Allege Brake Defect In Proposed Action

    Telluride SUV owners told a California federal judge Tuesday Kia America Inc. knowingly sold 2020-2024 models of the vehicles with faulty brakes, putting them at significant risk.

  • December 19, 2024

    Chemours, DuPont Say New Info Undermines Class Cert.

    The Chemours Co. FC LLC and EIDP Inc. are asking a North Carolina federal judge to decertify classes in a consolidated suit alleging that they knew about PFAS leaks into their water systems, saying information that's come to light since the certification disqualifies the named plaintiffs from representing the class and undermines the alleged common proof of their claims.

  • December 19, 2024

    Tencent Removes 2 Epic Directors Following DOJ Scrutiny

    Two Epic Games directors appointed by Tencent Holdings are stepping down from Epic's board after the U.S. Department of Justice said their positions could constitute antitrust law violations, the agency has announced.

Expert Analysis

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • How To Safely Leverage AI In The Digital Assets Industry

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    Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • $3B TD Bank AML Settlement Is A Wake-Up Call For All Banks

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    TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • Unpacking The CFPB's Personal Financial Data Final Rule

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    The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA

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    Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

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