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Consumer Protection
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
FCC Looking At Making TV Commercials Pipe Down Again
Television commercials might be getting too loud again, the Federal Communications Commission recognized Thursday when it voted to take a look at whether its rules about commercial volume are due for an update.
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February 27, 2025
CVS Freed From Hospital's Suit Over Drug Pricing Program
A Pennsylvania hospital's antitrust lawsuit claiming CVS forced healthcare providers participating in a federal discount drug program to go through the pharmacy chain's administrator has been tossed, with a federal judge ruling the hospital fell short in its allegations of anticompetitive behavior.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
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February 27, 2025
Calif. Data Broker Gets 3-Year Ban For Not Registering
The California Privacy Protection Agency has notched another settlement in its investigative enforcement of data broker registration compliance, announcing Thursday it had secured a deal that requires a company touting its ability to unearth "scary" amounts of consumer information to cease operations for the next three years.
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February 27, 2025
Lead Testing Co. Director To Admit False Statements
A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.
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February 27, 2025
Consensys Says SEC Will Drop Its Crypto Case, Too
The founder of blockchain firm Consensys said on Thursday that the U.S. Securities and Exchange Commission has agreed to drop its enforcement suit over the firm's MetaMask software, marking the second cryptocurrency firm this month to announce a coming dismissal from the agency as it overhauls its approach to the industry.
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February 27, 2025
Abbott Beats Ill. Customers' Similac Metals Suit
Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.
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February 27, 2025
Conn. Supreme Court Snapshot: Water Rates, Judicial Attacks
An Eversource unit's request to offset inflation and $42 million in new infrastructure projects through rate hikes will top the Connecticut Supreme Court's March docket, with the justices examining another in a list of challenges to state regulators' attempts to keep a lid on customer costs.
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February 27, 2025
Defunct School's $5M Deal For Students Gets Final OK
A Connecticut judge on Thursday approved a $5 million class action settlement between a shuttered nursing school and students affected by its sudden shutdown, also awarding at least $1.25 million to the Milford firm that spearheaded the litigation.
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February 27, 2025
Winklevoss Twins Say SEC Crypto Probe Over, Attys Must Go
The founders of crypto exchange Gemini are calling on the U.S. Securities and Exchange Commission to fire and publicly call out staff members who worked on crypto enforcement cases under the Biden administration as they announced that the agency has dropped its investigation into the company.
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February 27, 2025
More CFPB Attys Departing Amid Agency Uncertainty
Two more Consumer Financial Protection Bureau litigators are leaving the agency as it faces uncertainty due to the new presidential administration, including an attorney who has been with the agency since its creation in 2011.
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February 27, 2025
CFPB Pulls Plug On Rocket Homes Kickback Suit
The Consumer Financial Protection Bureau has abandoned a lawsuit accusing Rocket Homes of offering kickbacks to brokers and agents who referred homebuyers to Rocket Mortgage, one of several enforcement actions the agency abruptly dismissed on Thursday.
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February 27, 2025
Deputy AG And Antitrust Nominations Head To Full Senate
The Senate Judiciary Committee sent the nominations of Todd Blanche, for deputy attorney general, and Gail Slater, for assistant attorney general for the Antitrust Division at the U.S. Department of Justice, to the full Senate on Thursday, the latter of whom received bipartisan support.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
CFPB Drops Suits Against Capital One, Rocket Homes, More
The Consumer Financial Protection Bureau on Thursday permanently dropped several lawsuits, including ones against Capital One, a Rocket Mortgage affiliate, a major student loan servicer and the finance arm of a Berkshire Hathaway-owned mobile home builder.
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February 27, 2025
Harvard Pilgrim To Pay $16M To Settle Data Breach Claims
Healthcare company Harvard Pilgrim and its parent company Point32Health Inc. have agreed to pay $16 million to settle a class action over a 2023 data breach that affected nearly 3 million individuals and providers, according to a filing late Wednesday.
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February 27, 2025
Underdog Sports Runs Disguised Betting Platform, Suit Says
Four users of Underdog Sports, which does business as Underdog Fantasy, have sued the company in New York federal court, alleging it is running an unlicensed sports betting site disguised as a platform for fantasy sports.
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February 27, 2025
DraftKings To Pay $10M In NFT Proposed Class Settlement
DraftKings Inc. will pay $10 million to users of the sports betting site who owned nonfungible tokens offered through its marketplace, according to a proposed settlement in the putative class action.
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February 26, 2025
Arkansas Hits GM With Suit Over 'Deceptive' Driver Data Sales
Arkansas' attorney general has become the latest to take aim at General Motors Co. over its data privacy practices, filing a lawsuit in state court Wednesday accusing the automaker of padding its profits by deceptively collecting and selling drivers' private data, which purchasers would then resell to insurance companies.
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February 26, 2025
Pornhub Data Privacy Suit Will Go To Arbitration
A group of foreign companies that allegedly operate the website Pornhub have won their bid to send a proposed data privacy class action into arbitration, after a California federal judge ruled that an arbitrator must decide whether the companies waived their right to arbitration.
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February 26, 2025
Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit
A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."
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February 26, 2025
Trump's CFPB Pick Says Agency's 'Past Excesses' Must End
President Donald Trump's nominee to run the Consumer Financial Protection Bureau will tell senators on Thursday that a "crisis of legitimacy" plagues the beleaguered agency, casting it as an out-of-control regulator that needs to be brought to heel.
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February 26, 2025
Wash. Biz Group Fears Amazon Loss In Price-Gouging Suit
Washington's largest business group is siding with Amazon's bid to dismiss a proposed class action alleging price-gouging during the COVID pandemic, in an amicus brief Wednesday that said consumers want to impose a flawed reading of consumer protection law that would leave businesses in limbo guessing what is fair or unfair.
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
Expert Analysis
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.