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Consumer Protection
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July 30, 2025
Sens. Step Up Push For Data Privacy Law Amid AI's Rise
The leaders of a Senate data privacy subcommittee Wednesday put the spotlight back on longstanding efforts to craft a nationwide framework for how companies use and disclose consumers' personal information, arguing that a growing state law patchwork and the rise of artificial intelligence accelerated the need for such protections.
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July 30, 2025
Flo Likely To Get Health Privacy Claim Tossed In Meta Case
The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.
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July 30, 2025
White House Crypto Report Sets Blueprint For Coming Rules
A long-awaited report from the President's Working Group on Digital Asset Markets that was released Wednesday encouraged securities and derivatives regulators to use their existing authorities to clear the way for crypto issuance and trading in the absence of lasting legislation, while also urging banking regulators to sharpen standards for crypto engagement.
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July 30, 2025
E-Commerce Firms To Pay $15M To End FTC's AI Scam Claims
A New Jersey-based network of e-commerce coaching firms will pay more than $15 million to end a Federal Trade Commission suit accusing it of duping consumers out of nearly $16 million through false promises of AI-driven success on e-commerce platforms, according to a federal court order filed Wednesday.
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July 30, 2025
Iowa Slams Schwab's 'Amorphous' Antitrust Compliance Deal
The state of Iowa is among a slew of objectors to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program to resolve an investor class action stemming from its merger with TD Ameritrade, arguing the deal is unfair and completely fails to remedy the investors' harm.
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July 30, 2025
Connecticut Says 2 Men Sold $2.5M In Fake Cannabis Licenses
Two Connecticut businessmen ran a counterfeit cannabis licensing operation, selling fake credentials to as many as 70 retailers in the state for as much as $30,000 a certificate, according to a lawsuit filed by state officials who seek a $2.5 million judgment against the accused.
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July 30, 2025
State Farm Ordered To Pay $54.6M Over Vehicle Valuations
State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.
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July 30, 2025
Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK
A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company.
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July 30, 2025
TMX Customers Seek Final OK Of $42M Data Breach Suit Deal
Customers of the title loan and payday lender TMX Finance have asked a Georgia federal judge to grant final approval of their $42 million settlement of claims arising from a data breach that affected an estimated 4.8 million people.
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July 30, 2025
Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk
Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.
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July 30, 2025
CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy
CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.
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July 30, 2025
Celsius Cans Accidentally Filled With Vodka Drink, Recall Says
Alcoholic beverage company High Noon said Tuesday it accidentally got shipped some Celsius energy drink cans, filled them with vodka seltzer and shipped them to retailers in several states, in a recall notice that was also published by the U.S. Food and Drug Administration.
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July 30, 2025
Microsoft Browser Rival Asks Brazil To Investigate Tech Titan
Microsoft has been flexing its power as owner of the world's most dominant computer operating system to make people use its own web browser over those belonging to competitors, one such rival told Brazilian competition authorities.
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July 30, 2025
AMC's Status As Movie Theater Sinks Video Data Privacy Suit
A Kansas federal judge has tossed a proposed class action accusing AMC Entertainment Holdings Inc. of unlawfully sharing website visitors' data with Facebook, agreeing with the Ninth Circuit and several district courts that have found that movie theaters aren't covered by the Video Privacy Protection Act.
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July 30, 2025
Cinemark Calls Suit Alleging Exaggerated Beer Size Meritless
Cinemark USA Inc. asked a Texas federal court to toss a proposed class action alleging that the movie theater company ripped off thirsty moviegoers by advertising 24-ounce beer cups that in reality only contained 22 ounces, saying the plaintiff failed to allege damages over $5 million.
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July 30, 2025
'Scattershot' Privacy Suit Over Gap Email Tracking Gets Nixed
A California federal judge has tossed a proposed class action alleging that Gap Inc. invaded consumers' privacy by using third-party tracking technology in its marketing emails, criticizing the plaintiff's "continuously shapeshifting" theories of liability and saying he "expects more from counsel than the scattershot and vague assertions presented here."
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July 30, 2025
FDA's Vaccine Chief Is Out After Loyalty To Trump Questioned
Dr. Vinay Prasad's tenure as the top vaccine regulator at the U.S. Food and Drug Administration ended abruptly this week following intense criticism from conservative activists who questioned his loyalty to President Donald Trump.
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July 30, 2025
Mich. PBM Opioid Suit Belongs In State Court, Judge Told
Counsel for the State of Michigan argued Wednesday that a lawsuit accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject to federal officer removal and should be sent back to state court.
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July 30, 2025
11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'
A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act.
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July 30, 2025
GTCR Denied Rival's Old Sales Prospects Data In FTC Case
An Illinois federal judge refused Tuesday to force a rival medical device coatings company to cough up old sales projections data so private equity firm GTCR BC Holdings can defend against a Federal Trade Commission challenge to its $627 million purchase of Surmodics.
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Texas Senate Again Approves Ban On Hemp-Derived THC
Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp.
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July 30, 2025
Cable Industry Seeks Bar On Rate Regulation Under BEAD
Independent cable providers are urging the U.S. Department of Commerce to guard against policies that could be construed as rate regulation as it continues a revamp of more than $42 billion in broadband funding to states and territories.
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July 30, 2025
Fla. AG Allowed To Drop Sandoz Generics Price-Fixing Claims
After several months of wrangling over the terms of a $10 million generic drug price-fixing settlement, a Connecticut federal judge on Wednesday granted Florida's request to permanently drop its claims against Sandoz, finding that it would be an abuse of discretion to hold up the resolution any longer.
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July 30, 2025
RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict
A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.
Expert Analysis
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.