Consumer Protection

  • June 21, 2024

    DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.

    The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.

  • June 21, 2024

    Boeing, Spirit AeroSystems Say Blowout Suit Not Fit For Calif.

    The Boeing Co. and Spirit AeroSystems Inc. are asking a California federal judge to throw out a suit from a group of passengers from Alaska Airlines Flight 1282, which experienced a midair door plug blowout in January, saying the California courts don't have jurisdiction over their claims.

  • June 21, 2024

    4th Circ. Revives TCPA Suit Over Fax Promoting Free Webinar

    A chiropractic office in Ohio on Friday succeeded in reviving its putative class action against a healthcare technology company accused of sending junk faxes, with the Fourth Circuit finding the communication counts as an unsolicited advertisement under the Telephone Consumer Protection Act.

  • June 21, 2024

    DC Better Match For Net Neutrality Suits, 6th Circ. Told

    A public interest group urged the Sixth Circuit to move lawsuits over the Federal Communications Commission's net neutrality rules to the D.C. Circuit, saying the lottery that put the cases in Cincinnati was not enacted to keep litigation out of D.C.

  • June 21, 2024

    Chase Didn't Stop Fraudulent Transfers, Fla. Biz Owner Says

    Chase Bank has been sued in Miami-Dade County state court, accused of negligence by a business owner who alleged that the bank failed to stop more than $445,000 that was drained from his accounts in a series of fraudulent wire transfers earlier this year.

  • June 21, 2024

    Costco Sued Over PFAS In Kirkland Brand Baby Wipes

    Costco is facing a proposed class action over its fragrance-free "natural" baby wipes, which consumers claim are made with toxic levels of forever chemicals, rendering them unsafe for use on children.

  • June 21, 2024

    Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe

    In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.

  • June 21, 2024

    4 From Cybercrime Group Charged In $71M Hacking Scheme

    Four members of the international cybercrime group known as FIN9 have been charged for their roles in hacking companies' computer networks and stealing more than $71 million through nonpublic information, employee benefits and other funds, Philip R. Sellinger, an attorney for the District of New Jersey, has announced.

  • June 21, 2024

    Rip And Replace 'Ruinous' Without Fed Funds, Carriers Say

    A rural telecoms trade group is warning the Federal Communications Commission of potentially "ruinous" financial predicaments for small carriers if the "rip and replace" program targeting Chinese-made telecommunications equipment isn't fully funded soon, saying in a new filing that carriers are considering reducing service because of the lack of funding.

  • June 21, 2024

    Sens. Introduce 'Complementary' Bill To TikTok Ban

    A bipartisan bill introduced Thursday would require websites and apps to disclose to their users if they are owned wholly or partially by China, North Korea, Russia or Iran or if data collected through those sites or apps is accessible to those countries.

  • June 20, 2024

    TikTok Says Alternatives To 'Dangerous' Ban Were Ignored

    TikTok said Thursday that federal lawmakers likely didn't even consider its "exhaustive, multi-year efforts" to address national security concerns before deciding to ban the social media platform, slamming the law as "unprecedented" and warning that it sets "a dangerous precedent."

  • June 20, 2024

    Calif. AG, City Atty Target SpongeBob App Over Kids' Privacy

    California's attorney general and the Los Angeles city attorney have teamed up to secure a deal that requires the operator of a SpongeBob SquarePants-themed app to pay $500,000 and overhaul its data-handling practices to resolve claims that the company gathered and shared children's personal information without consent. 

  • June 20, 2024

    Patent Owners, Challengers Spar Over PTAB Rule Proposal

    The U.S. Patent and Trademark Office's scaled-back package of Patent Trial and Appeal Board rules has drawn a mixed reaction from legal and industry groups, which offered praise and concern about both the proposal and the topics it does not address.

  • June 20, 2024

    5th Circ. Starts Clock For Redo Bid In CFPB Payday Rule Case

    The Fifth Circuit said Wednesday that payday lender trade groups will have an opportunity to ask for another shot at litigating the validity of the Consumer Financial Protection Bureau's payday lending rule after their constitutional challenge fell flat at the U.S. Supreme Court.

  • June 20, 2024

    Kraken Unlikely To Escape SEC's Crypto Exchange Case

    A California federal judge said Thursday that he was not inclined to dismiss a U.S. Securities and Exchange Commission lawsuit claiming that cryptocurrency exchange Kraken illegally operated as an unregistered securities exchange, telling the company's lawyer, "You've got your work cut out for you" to change his mind.

  • June 20, 2024

    Colo.'s Opt-Out Interest Rate Law Halted In Trade Group Suit

    A Colorado federal judge has temporarily barred the state from imposing more restrictive interest rate caps on consumer loans made by banks located outside of Colorado, siding with a coalition of lending groups seeking to invalidate a 2023 law aimed at reining in high-cost online loans.

  • June 20, 2024

    BMW Escapes Suit Over Leaky Coolant Lines, For Now

    BMW drivers seeking to sue the automotive maker over allegedly defective engine cooling lines will have to get more specific in their allegations, a New Jersey federal judge said in a dismissal order, giving the consumers another chance to correct the issue and refile.

  • June 20, 2024

    GM's Cruise To Pay Calif. $112K Fine Over Robotaxi Crash

    Cruise LLC agreed to pay a $112,500 penalty for mishandling its response to an October accident involving a pedestrian and one of its autonomous vehicles, and promised to disclose additional data on any collisions to California regulators under a settlement agreement approved Thursday.

  • June 20, 2024

    Caltrans Tells FCC It's Against FirstNet Control Of 4.9 GHz

    California's Department of Transportation is adding its name to the list of public service entities lining up to tell the Federal Communications Commission that making AT&T's FirstNet the national manager of the 4.9 gigahertz safety band is a bad idea.

  • June 20, 2024

    FCC Slams Bid In 6th Circ. To Put Net Neutrality On Hold

    The Federal Communications Commission told the Sixth Circuit on Tuesday it should pay no heed to a collection of net neutrality challengers arguing that "dire consequences" will ensue if the appellate court doesn't stop the agency from reinstating open internet regulations while the two sides argue the matter out in court.

  • June 20, 2024

    Sutter Health Wins Trial Over $519M Double-Billing Claims

    A California state judge has handed Sutter Health a win following a weeks-long bench trial last year over a whistleblower's claims that the nonprofit hospital network violated the state's insurance fraud prevention statutes and owes $519 million for allegedly double-billing for certain operating-room services without documentation.

  • June 20, 2024

    Ex-ITT Students Net $12M Win In Predatory Lending Scheme

    A California federal judge has ordered loan servicer Vervent Inc. to pay $12 million to ex-students of bankrupt for-profit college ITT Education Services Inc. for Vervent's role in an alleged predatory lending scheme for ITT's benefit, finding it was appropriate to triple a $4 million jury award.

  • June 20, 2024

    Madonna Mulls Sanctions Bid After Fans Drop 'Frivolous' Suit

    Attorneys defending Madonna, Live Nation and the Barclays Center against allegations that fans were "lulled" into buying tickets for a tardy show slammed the plaintiffs' unannounced dismissal of the "frivolous" case, telling a New York federal judge Wednesday they don't agree to bear their own costs and might seek sanctions.

  • June 20, 2024

    Competition Raids Don't Need Warrant For Emails, ECJ Told

    European Union law doesn't bar member states from permitting competition authorities to search emails without a warrant amid a so-called dawn raid, according to an advisory opinion submitted to the bloc's top appeals court Thursday.

  • June 20, 2024

    Fireball Maker Must Still Face Claims It Duped Whiskey Lovers

    A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.

Expert Analysis

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • What 11th Circ. FCRA Ruling Means For Credit Furnishers

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    Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • CFPB Poised To Up The Ante After Supreme Court Victory

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    When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

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