Consumer Protection

  • July 10, 2024

    2 Roundup MDL Cases Axed After Plaintiffs Fail To Act

    A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.

  • July 10, 2024

    CFPB Pitches Plan To 'Streamline' Mortgage Servicing Rules

    The Consumer Financial Protection Bureau said Wednesday that it wants to revamp its mortgage servicing rules to make it faster and easier for struggling homeowners to access forbearance and other relief options, proposing changes that draw in part on lessons learned from the COVID-19 pandemic.

  • July 10, 2024

    Conn. Justices Told Banking Agency's Probe Overstepped

    The Connecticut Department of Banking's investigation into Commonwealth Law Group and Commonwealth Servicing Group LLC's debt negotiation practices violated the constitutional separation of powers, because only the state's judicial branch has regulatory authority over legal services provided to clients by their attorneys, the firms told the state Supreme Court.

  • July 09, 2024

    BMW Driver Urges 9th Circ. To Restart Car-Tracking Fight

    A BMW driver urged the Ninth Circuit Tuesday to revive a proposed class action alleging Otonomo surreptitiously tracks drivers' locations through electronic devices installed in their cars, arguing that the trial court erroneously interpreted the statute to wrongly conclude the devices aren't "attached" to vehicles as required by the law.

  • July 09, 2024

    FINRA Fines UBS For Missing Rep's $7.2M Sell-Away Scheme

    The Financial Industry Regulatory Authority has fined UBS Financial Services Inc. $850,000 as part of a deal to resolve allegations that the firm failed to detect for more than two decades one of its representative's outside sales of mismarketed securities to his UBS clients.

  • July 09, 2024

    Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested

    A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.

  • July 09, 2024

    Ford Must Face Class Claims Over Oil Pump Defect

    Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.

  • July 09, 2024

    CFPB's Latest Rules Agenda Includes Blast From Fed Past

    The Consumer Financial Protection Bureau may try to resurrect part of a defunct Federal Reserve regulation that banned banks from employing some consumer credit contract terms, according to a new rulemaking agenda from the agency that also hints at a plan B for its $8 credit card late-fee rule.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    No Proof Consumers Vexed By 'Spring' Water, Court Told

    Nestle Waters North America Inc. on Tuesday urged a Connecticut federal judge to dismiss a lawsuit alleging that Poland Spring water does not emanate from an actual spring, arguing that references to spring water on product labels mean different things to different consumers and that no confusion has been proved.

  • July 09, 2024

    FTC Deal Bars Messaging App From Allowing Users Under 18

    Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.

  • July 09, 2024

    Industry, FCC Argue Net Neutrality's Fate After Chevron's Fall

    Industry groups and the Federal Communications Commission filed competing briefs with the Sixth Circuit over whether to delay the enforcement of net neutrality rules after the U.S. Supreme Court tossed the longstanding Chevron doctrine that gave wide deference to agency decision making.

  • July 09, 2024

    Slam By CFTC Member Backs Sanctions Bid, Forex Firm Says

    A foreign exchange firm that accused the U.S. Commodity Futures Trading Commission of misconduct in bringing an action against it has cited recent criticism of the agency's enforcement division by one of its commissioners in support of its bid to toss the case and sanction the regulator.

  • July 09, 2024

    Fla. Judge Won't Nix Antitrust Claims Against Alcon

    The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.

  • July 09, 2024

    Amazon Gets 'Buy Box' Rigging Case Tossed, For Now

    A Washington federal court has dismissed a proposed class action accusing Amazon of using its "Buy Box" feature to deceive consumers after finding that the two men bringing the claims failed to include any details about the transactions they made and allegedly overpaid for.

  • July 09, 2024

    Healthcare Cases To Watch: A 2024 Midyear Report

    Courts across the U.S. this year will oversee key cases to the healthcare industry, from multidistrict litigation over the Change Healthcare hack to a challenge of a state gender-affirming care ban at the Supreme Court. Here are the healthcare cases to watch in the second half of 2024.

  • July 09, 2024

    FCC Settles Call Caption Privacy Probe For $34.6M

    The Federal Communications Commission has secured a $34.6 million settlement with phone call captioning provider CaptionCall for holding onto phone call content too long and other agency rule violations.

  • July 09, 2024

    CFPB Moves To Unfreeze Credit Card Late Fee Rule In Texas

    The Consumer Financial Protection Bureau has asked a Texas federal judge to formally dissolve a preliminary injunction that has been blocking the agency's $8 credit card late fee rule from taking effect, arguing that the justification of the injunction — the CFPB's allegedly unconstitutional funding structure — no longer holds.

  • July 09, 2024

    FTC Is Denied Amazon's Instructions On Signal Use, For Now

    A Washington federal judge refused Tuesday to give the Federal Trade Commission a peek into what it contends is the extensive use of Signal by Jeff Bezos and other top Amazon.com executives to hide communications relevant to a monopolization lawsuit, preferring to order deposition testimony on that use first.

  • July 09, 2024

    Google Says Social Media Ruling Hurts Common Carrier Case

    Google is telling an Ohio state court that a recent U.S. Supreme Court ruling bolsters its case against being reclassified as a common carrier.

  • July 09, 2024

    FCC Majority Takes Heat From House GOP Over New Regs

    Democratic leaders of the Federal Communications Commission defended their regulatory policies Tuesday against House GOP critics who accused the agency of tacking in a partisan direction and passing new rules that Republicans said exceed the agency's statutory limits.

  • July 09, 2024

    CBD Cos. Tell Justices RICO Can't Cover Personal Injury

    A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.

  • July 09, 2024

    Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told

    A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.

  • July 09, 2024

    Feds Say Pa. Headstone Seller Scammed Bereaved Of $1.5M

    An Upper Merion, Pennsylvania, man already awaiting trial in state court now faces federal wire fraud charges after prosecutors said his family business selling headstones took in more than $1.5 million in up-front payments for grave markers that were never delivered to customers in Pennsylvania and New Jersey.

  • July 09, 2024

    Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea

    A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury. 

Expert Analysis

  • 'Beauty From Within' Trend Poses Regulatory Risks For Cos.

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    Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.

  • How Cos. Can Prep For New Calif. Privacy Regulations

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    The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • Bracing For The CFPB's War On Mortgage Fees

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    As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.

  • DOJ Consent Orders Chart Road Map For Lending Compliance

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    Two recent consent orders issued by the U.S. Department of Justice as part of its efforts to fight mortgage lending discrimination highlight issues that pose fair lending compliance risks, and should be carefully studied by banks to avoid enforcement actions, says Memrie Fortenberry at Jones Walker.

  • Considering CGL Defense For Social Media Addiction Claims

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    A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • Using Rule 23(f) To Review Class Certification Orders

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    Since plaintiffs on average are prevailing in certifying a class more often than not, the best-positioned class action defendants are those prepared to pursue relief under Rule 23(f) well before the district court issues its certification decision, say attorneys at K&L Gates.

  • Binance Ruling Spotlights Muddled Post-Morrison Landscape

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    The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

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