Consumer Protection

  • August 30, 2024

    3M Swept 'Forever Chemicals' Under The Rug, Buyers Say

    3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the chemicals, which were then installed in millions of homes and businesses, according to a proposed consumer class action filed Friday in Minnesota federal court.

  • August 30, 2024

    Flint Water Firm Wants To Keep PR 'Sideshow' Out Of Trial

    One of the last remaining defendants in Flint water crisis litigation urged a Michigan federal judge to exclude from an upcoming bellwether trial evidence about its public relations efforts, which included an alleged smear campaign against the lawyer for Flint children that led to another attorney getting referred to the California bar.

  • August 30, 2024

    CrowdStrike VP Called To House Hearing On Global IT Outage

    A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm. 

  • August 30, 2024

    Calif. Legislature OKs Ban On 6 Food Dyes In Public Schools

    California's State Legislature on Thursday passed the nation's first-ever bill aimed at banning public schools in the state from serving foods to children that contain Red 40 and other synthetic food dyes, sending the law to the governor's desk.

  • August 30, 2024

    Steel Distributor Exec Pleads Guilty To Price-Fixing

    A second steel distributor executive pled guilty Friday in Puerto Rico to criminal charges for allegedly participating in an eight-year-long scheme to fix the prices of steel products, including while the island was recovering from a pair of hurricanes.

  • August 30, 2024

    Supply, Worker Shortages Prompt 'Rip And Replace' Leniency

    Citing shortages of network gear and work crews, the Federal Communications Commission granted additional time, generally six months, for several telecom carriers to comply with their obligations to "rip and replace" Chinese network equipment.

  • August 30, 2024

    UK Drops Antitrust Probe Into School Software Co.

    A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Align Tech Cuts $27.5M Antitrust Deal With 1.45M Consumers

    A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.

  • August 30, 2024

    Missouri Ban On Some Psychoactive Foods To Hit Sept. 1

    Missouri Gov. Mike Parson's ban on consumables "containing psychoactive cannabis products" will go into effect Sunday, according to an announcement by state health regulators.

  • August 30, 2024

    Axon Pushes FCC Again For New Surveillance Device OKs

    Police body cam maker Axon again pressed the Federal Communications Commission to approve the use of three surveillance devices, emphasizing they will only be used briefly for law enforcement situational awareness.

  • August 30, 2024

    Mich. Justices Reject College Students' COVID Refund Appeal

    The Michigan Supreme Court said Friday it won't revive college students' lawsuits seeking refunds over the switch to virtual instruction during the early months of the COVID-19 pandemic, cementing wins for three universities.

  • August 30, 2024

    Cable Cos. Seek Latitude To Define BEAD Service Areas

    If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.

  • August 30, 2024

    Ex-Detainee Can't Be Forced To Arbitrate Card Fee Suit

    A Washington federal judge will not force arbitration in a proposed class action accusing a bank of charging former jail detainees debit card fees to regain access to their own money postrelease, saying the plaintiff never consented to an arbitration clause because the card was issued to him already activated.

  • August 30, 2024

    Hotel Chains, Software Co. Fight Algorithmic Pricing Suit

    Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.

  • August 30, 2024

    New York Magazine Reader Drops Suit Over Data Disclosures

    A subscriber to New York magazine has voluntarily dropped a potential class action accusing the periodical's publisher of violating a Michigan consumer privacy law by wrongfully disclosing readers' data to third parties.

  • August 30, 2024

    Period Tracker App Users Seek Class Cert. In Data-Selling Suit

    Users of the menstrual cycle tracking app Flo Health Inc. are seeking class certification in their suit against Flo, Google and Meta, telling a California federal judge the proposed class would include millions of users whose personal health information was sold to the ad giants without consent.

  • August 30, 2024

    Harris Admin Would Stay Course On Tough Antitrust Policy

    Just two days after food and candy giant Mars announced its blockbuster $35.9 billion Kellanova purchase, Vice President Kamala Harris's campaign indicated plans to “crack down” on mergers between large food companies. That would differ significantly from another Trump presidency, which could see a generally more relaxed antitrust environment. Here, Law360 explores anticipated policy differences between the two.

  • August 30, 2024

    Monthly Merger Review Snapshot

    The Federal Trade Commission went to court against Kroger's $25 billion purchase of Albertsons and geared up for its looming handbags merger case, the Justice Department added to its case against Live Nation, and the sports-streaming juggernaut partnering ESPN, Fox and Warner Bros. Discovery hit a significant roadblock.

  • August 30, 2024

    Gaming Co. Exec Gets 6 Years For Fake IPO Claims, Theft

    An executive of Carlyle Entertainment Ltd. has been sentenced to 72 months in prison for advertising a phony initial public offering and fraudulently misappropriating $3 million in investor funds for his personal use in a scheme that spanned six years.

  • August 30, 2024

    NY Hemp Shops Seek Halt Of 'Military Style' Raids

    A quintet of hemp product retailers have alleged that New York state and city officials unlawfully targeted their businesses as part of an effort to crack down on unregulated marijuana sellers.

  • August 30, 2024

    Philips Accuses SoClean Of Discovery Delay In CPAP Recall

    Koninklijke Philips NV says SoClean Inc. is unduly delaying claims that the company should contribute to Philips' $1 billion settlement over breathing machine foam by insisting on a wall between discovery materials in two related multidistrict litigations.

  • August 30, 2024

    Paxton Follows Through On Suit Over State Fair Firearms Ban

    Texas Attorney General Ken Paxton has followed through on his threat to sue the State Fair of Texas if it didn't retract its no firearms policy, telling a Dallas County court that the exclusion of handguns from the annual event is illegal.

  • August 30, 2024

    FINRA Dings Raymond James $2M Over Customer Complaints

    Two Raymond James units will pay nearly $2 million to settle allegations from the Financial Industry Regulatory Authority that they didn't properly handle customer complaints or supervise mutual fund purchases.

  • August 30, 2024

    Staples Latest To Face Suit Over Job-Seeker Polygraph Notice

    A Massachusetts man applying for jobs with Staples Inc. filed a proposed class action alleging the company violated a state law that requires companies to notify candidates that the use of lie detectors is banned for hiring decisions, the latest such case targeting a major Bay State employer.

Expert Analysis

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Md. Deal Highlights Consumer Finance Program Regulations

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    Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Nat'l Security Considerations For Telecom Products Counsel

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    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

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    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

  • Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.

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    The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.

  • Unpacking The Increasingly Popular Fair Credit Billing Act

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    The Fair Credit Billing Act is receiving increased attention from regulators and consumers disputing credit card charges, so creditors should understand its procedural requirements — including the law's focus on the mechanics of a dispute and its potential to create civil liability, say David Gettings and Courtney Hitchcock at Troutman Pepper.

  • Takeaways From EU's Initial Findings On Apple's App Store

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    A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

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