Consumer Protection

  • March 11, 2025

    NJ AG Accuses Defunct Lender Of Racial Bias, Retaliation

    The owner of a recently shuttered New Jersey-based cash advance business instructed sales staff not to "waste your time with the Chinese, with the Africans and Spanish," and he sent racist messages to employees in a group chat, according to an announcement from the New Jersey attorney general's office.

  • March 11, 2025

    Utilities Want FCC To Clarify TCPA Prior Consent Rule

    Power utilities asked the Federal Communications Commission to clarify that federal law allows companies to contact customers about participating in company demand management programs, particularly by calling and texting customers during peak load periods encouraging them to shift energy consumption to nonpeak times.

  • March 11, 2025

    NJ Residents Push To Repackage Contaminated Water Claims

    Residents of National Park, New Jersey, asked a state appellate court panel for permission to revive and amend their proposed class claims over contaminated water, arguing Tuesday that the allegations are a matter for tort law, not contract law.

  • March 11, 2025

    NY's Banking Regulator Hangs 'Help Wanted' Sign In DC

    At a Washington, D.C., appearance on Tuesday, New York's top financial services regulator Adrienne Harris had a message for the legions of federal financial agency employees who have been cut loose by the Trump administration in recent weeks: She's hiring.

  • March 11, 2025

    Eli Lilly Suit Over Compounded Drugs Survives Dismissal

    A Washington federal judge has trimmed Eli Lilly's lawsuit against two Seattle-area clinics and the doctors who run them for allegedly duping consumers into buying copycat versions of its diabetes and weight loss medications Mounjaro and Zepbound, nixing the pharmaceutical giant's consumer protection claim while preserving its trademark infringement and false advertising allegations.

  • March 11, 2025

    Entity That Got Ponzi Scheme Funds Must Face SEC Suit

    A Texas federal judge has declined to free an entity that accepted part of proceeds from an $8.4 million Ponzi scheme from an SEC action, writing that he could "reasonably infer" the entity did not accept the funds in good faith.

  • March 11, 2025

    Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims

    Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.

  • March 11, 2025

    Senate Confirms Gail Slater To Lead DOJ Antitrust

    The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.

  • March 11, 2025

    6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules

    The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.

  • March 11, 2025

    DOJ, Wayne-Sanderson Spar Over Data Sharing Deal

    The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.

  • March 11, 2025

    Vape Cos. Say Ky. Regulator Didn't Defend E-Cig Law

    Vaping interests urging the Sixth Circuit to block the enforcement of a new Kentucky law regulating e-cigarettes have told the appellate court that the state's tobacco regulator tasked with enforcing the policy didn't even defend the law in recent court pleadings.

  • March 11, 2025

    Vegan Co. Huel Hit With Class Action Over Quality Of Protein

    Vegan meal and supplement company Huel Ltd. misled consumers into thinking its protein powders were made with high-quality protein when in reality it's made with inferior ingredients that can't be digested as easily, according to a proposed class action filed in California federal court by a health-minded San Jose resident.

  • March 11, 2025

    Post Hit With False Ad Suit Over Rachael Ray Brand Pet Food

    Post sells celebrity chef Rachael Ray's Nutrish brand of pet foods that are falsely labeled as being "natural" with "no artificial preservatives" despite containing citric acid, which is derived from heavy chemical processing, according to a proposed class action filed in California federal court Monday.

  • March 11, 2025

    FTC Defends Southern Glazer's Pricing Case

    The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."

  • March 11, 2025

    Albertsons, Safeway Hit With New Spam-Text Suit In Wash.

    Albertsons Companies Inc. and Safeway Inc. are facing a proposed class action filed by a Washington resident who accuses the supermarket chains of sending unsolicited text message advertisements in violation of state consumer protection laws.

  • March 11, 2025

    DOJ's RealPage Antitrust Case Gets New Judge

    The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.

  • March 11, 2025

    Yale-Tied Doc Dies Amid Ongoing Insemination Fraud Cases

    A Connecticut doctor who worked at a Yale School of Medicine clinic who was sued for allegedly using his own sperm to impregnate unsuspecting patients has died during the pendency of the two cases against him, according to a court filing.

  • March 11, 2025

    CMA's Big Tech Enforcement To Focus On UK Impact

    An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.

  • March 11, 2025

    A Brief Look At Delaware's Divisive Corporate Law Bill

    Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.

  • March 11, 2025

    Yacht Owner Seeks $1M From Marsh After Losing Coverage

    A yacht owner asked a Florida federal court to find its insurance broker owed over $1 million for negligence for failing to provide or explain its policy, after it was denied coverage for a total loss grounding because the boat's fire suppression equipment wasn't inspected as required.

  • March 11, 2025

    Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'

    Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."

  • March 11, 2025

    Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims

    The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.

  • March 10, 2025

    Split 4th Circ. Says Video Privacy Suit Belongs In Arbitration

    A divided Fourth Circuit panel ruled Monday that a pair of subscribers pressing a putative class action accusing streaming service CuriosityStream Inc. of unlawfully sharing their video-viewing information must arbitrate their claims, with the majority finding that registered users had "reasonable notice" of the arbitration agreement. 

  • March 10, 2025

    Epic, Apple Duel Over App-Store Injunction Compliance

    Epic Games urged a California federal judge to find that Apple violated her order blocking the tech giant from enacting App Store rules that prevent developers from steering users to alternative payment methods while Apple argued in its own filing that it complied as it "reasonably understood" the injunction.

  • March 10, 2025

    CFPB Hasn't Justified Pausing Comerica Suit, Judge Rules

    A Texas federal judge on Monday refused to pause the Consumer Financial Protection Bureau's case accusing Comerica of mismanaging a government benefit card program, ruling that the CFPB hasn't explained why staying the case "would be in the interest of justice."

Expert Analysis

  • How Southern Calif. Fires Can Affect National, Local Pricing

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    The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.

  • Inside The Uncertainty Surrounding CFPB's Overdraft Rule

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    The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.

  • How Private Securities Suits Complement SEC Enforcement

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    U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.

  • The Case For Compliance During The Trump Administration

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    Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.

  • Opinion

    Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers

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    A Virginia bill purportedly aimed at eradicating predatory online bank lending actually does nothing to achieve that goal, and instead would limit credit opportunities for state residents, says Catherine Brennan at Hudson Cook.

  • Opinion

    Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Opinion

    DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech

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    A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.

  • How Ill. Ruling Could Influence Future Data Breach Cases

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    The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.

  • CFPB Small Biz Study Brings Fair Lending Considerations

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    The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.

  • Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

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    Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • A Look At A Possible Corporate Transparency Act Exemption

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    Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • What Financial Intermediaries Can Expect From New Admin

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    Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.

  • Virginia AI Bills Could Serve As Nationwide Model

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    If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.

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