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Consumer Protection
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December 05, 2024
French Antitrust Regulator Fines Airlines €14.6M For Collusion
France's competition authority has hit two airlines with fines totaling €14.6 million ($15.3 million) after it concluded that they had colluded to inflate ticket prices while reducing services for "captive customers" on French Caribbean islands.
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December 04, 2024
Ford Must Face Claims Over Vendor's Website Chat Access
A California federal judge has narrowed but refused to toss a revised putative class action accusing Ford Motor Co. of allowing a third-party software provider to eavesdrop on website chats, finding that the plaintiff had adequately alleged that the automaker was "aware" of the vendor's allegedly unlawful conduct.
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December 04, 2024
Meta Genocide Defense Spurs 'Yeah Right' From 9th Circ.
Ninth Circuit judges doubted Wednesday whether women fleeing genocide of the Rohingya people in Myanmar could have realistically investigated Facebook's role in spreading disinformation and called a lawyer, with one judge calling the defense argument "silly" and another judge responding, "yeah right."
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December 04, 2024
Rep. Hill Vows To Tackle Crypto 'De-Banking' In Next Congress
Lawmakers on both sides of the aisle plan to investigate alleged government efforts to cut off cryptocurrency businesses from the traditional banking system, Rep. French Hill, R-Ark., said Wednesday during a House Financial Services Committee hearing that also saw its retiring chair feted with a celebration of bow ties.
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December 04, 2024
Quaker Beats 'Simply Granola' False Ad Suit, For Now
An Illinois federal judge has freed the Quaker Oats Company from a putative class action alleging it deceived consumers into believing its "Simply Granola" product contained only oats, honey, raisins and almonds, saying no reasonable consumer would conclude those were the only ingredients based on the products' label.
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December 04, 2024
Keesal Young Sued Over Data Breach Affecting 316K People
Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.
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December 04, 2024
Acima Can't 'Outrace' CFPB To Texas Court, Utah Judge Says
A Utah federal judge has smacked down a bid by Rent-A-Center affiliate Acima to move its fight against a Consumer Financial Protection Bureau lawsuit to Texas, where the lease-to-own fintech filed a slightly earlier, preemptive challenge to the agency's jurisdiction that remains pending.
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December 04, 2024
Solar Co. Targeted By Conn. AG Denies Deceiving Consumers
Bright Planet Solar Inc. has denied the Connecticut attorney general's claims that it lured unsuspecting consumers into signing long-term contracts without adequate consent and performed unauthorized home improvements, telling a court that it acted in concert with "reasonable commercial practices."
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December 04, 2024
Debt Relief Co. Agrees To Be Banned Under CFPB Settlement
The Consumer Financial Protection Bureau informed a California federal court that a purported debt relief services company and its owner have agreed to cease operations and pay civil penalties for allegedly charging customers illegal upfront fees.
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December 04, 2024
Live Nation Shields Legal Strategy Emails From DOJ Scrutiny
A Manhattan federal judge rejected the U.S. Department of Justice's bid to see emails between Live Nation Entertainment Inc. lawyers and counsel for arena operator Oak View Group, holding Wednesday that these communications discussed a joint legal strategy for the government's antitrust investigation.
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December 04, 2024
9th Circ. Won't Allow Bookseller Group In FTC's Amazon Suit
An independent bookstore association can't join the government's antitrust lawsuit against Amazon, the Ninth Circuit said Wednesday, with the panel's majority agreeing with the Federal Trade Commission and e-commerce giant that the trade group's allegations involve different anticompetitive conduct in different markets.
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December 04, 2024
9th Circ. Mulls Waiting To Weigh In On Amazon Suicide Suit
A Ninth Circuit panel Wednesday appeared open to waiting for the Washington Supreme Court to clarify the state's duty-to-warn statute before deciding whether to revive allegations Amazon.com negligently sold chemicals used in suicides while one judge observed that Amazon created an algorithm that recommended lethal product-mixes, "so it's intentional."
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December 04, 2024
Yelp Blasts Paxton's Anti-Abortion Center Suit As 'Bad Faith'
Yelp is urging the Ninth Circuit to revive its bid to block Texas Attorney General Ken Paxton's lawsuit alleging the review service misinformed users with disclaimers about limited medical services at crisis pregnancy centers, arguing Wednesday it should've been allowed to pursue discovery to show Paxton sued in bad faith.
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December 04, 2024
Boeing, Spirit Say Flyers Can't Forum-Shop 737 Blowout Suit
Boeing, Spirit AeroSystems and Alaska Airlines have blasted an attempt by passengers to redo their suit over January's 737 Max 9 door plug blowout, saying the plaintiffs are improperly forum-shopping when their case is set for a consolidated bench trial in Washington federal court.
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December 04, 2024
Starbucks Brass Face Derivative Suit Over 'Reinvention' Flop
Officers and directors of coffee chain Starbucks are facing shareholder derivative claims over the company's so-called Triple Shot Reinvention strategy after the company disappointed the markets in April with updates about the plan.
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December 04, 2024
RealPage Says DOJ's Antitrust Markets 'Hide The Ball'
RealPage has urged a North Carolina federal court to throw out the government's antitrust case against it, arguing that enforcers have not shown that use of its software is raising rental rates in any part of the country and that landlords use it to offer competitive rents.
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December 04, 2024
Chase Will Settle Calif. Atty's Mortgage Rate-Lock Suit
JPMorgan Chase Bank NA has reached a tentative, individual settlement with an attorney suing it for allegedly gouging him and other borrowers with sham mortgage rate-lock deals, heading off a potential class action.
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December 04, 2024
Frontier To Pay $288K FCC Fine Over Broadband Data
Frontier Communications has agreed to pay almost $288,000 to end a Federal Communications Commission probe into a Wisconsin agency's claims that the internet service provider submitted inaccurate information to the FCC during a challenge to data used in mapping national broadband service, according to a consent decree made public Wednesday.
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December 04, 2024
Amazon Held To Prior Fights, Ongoing Rules In Antitrust Row
Amazon.com Inc. can't duck updated consumer antitrust suits because it failed to raise some arguments against prior iterations and because plaintiffs adequately alleged substantial, ongoing anticompetitive conduct and effects from rules punishing sellers who offer their goods cheaper elsewhere, according to a decision unsealed in Washington federal court.
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December 04, 2024
Columbia Univ., Publisher Face Suit Over Reading Program
Columbia University Teachers College and the creators and publishers of two widely used reading instructional programs have ignored concerns about their effectiveness for years, leaving many children functionally illiterate, a proposed class action filed Wednesday in Massachusetts state court alleges.
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December 04, 2024
SEC Taps New Co-Leaders For Crypto Enforcement Unit
The U.S. Securities and Exchange Commission has promoted the assistant director of its crypto and cyber enforcement unit and a counsel to an outgoing Democratic commissioner to co-lead the regulator's crypto enforcement efforts ahead of a coming administration shake-up that could change the agency's approach to the digital asset industry.
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December 04, 2024
Outgoing FCC Chief Lacerates With A Grin At 'Telecom Prom'
Lawyers who gathered for the telecom bar's marquee yearly dinner Tuesday were treated to the traditional night of sardonic wit as the outgoing head of the Federal Communications Commission took aim at the new power structure looming in Washington, D.C.
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December 04, 2024
Wells Fargo Wants Suits Over $300M Scheme Tossed
Wells Fargo Bank NA urged a Florida federal judge on Wednesday to toss both a proposed class action and a receiver's lawsuit claiming the bank aided and abetted a $300 million Ponzi scheme that duped more than 1,000 investors, arguing that neither pleading sufficiently shows that Wells Fargo knew about the fraud.
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December 04, 2024
Amazon, Stanley Tumbler Maker Sue Alleged Counterfeiters
Amazon and the maker of the popular "Stanley" tumbler are suing several marketplace vendors in Washington federal court, accusing them of peddling counterfeit drink ware in the e-commerce platform's latest legal push to crack down on brand-stealing sellers.
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December 04, 2024
Ace Hardware Looks To Nail Screw-Selling Rival Over TM Use
Ace Hardware Corp. said Tuesday that a home improvement chain sharing the Ace name is watering down its decades of name recognition and goodwill while creeping in on Ace's turf and leading confused consumers astray.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Key Concerns To Confront In FDIC Brokered Deposit Proposal
Banks and fintech companies should note several fundamental issues with the Federal Deposit Insurance Corp.'s recent proposal to widen how it classifies brokered deposits, an attempt to limit prudential risk that could expose the industry and underbanked consumers who rely on bank-fintech apps to widespread unintended consequences, say attorneys at Gibson Dunn.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.