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Consumer Protection
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January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
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January 07, 2025
NC Biz Court Limits MV Realty's Usable Trial Evidence
Embattled Florida real estate company MV Realty will not be allowed to introduce certain evidence at its upcoming fraud trial about its calls to consumers, as a punishment for providing the state inaccurate information during discovery, the North Carolina Business Court has ruled.
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January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case
The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
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January 07, 2025
Robot Toy Co. Slams Pa. AG's Unpaid Refund Claims
A company that makes robotic toys argued that most of the Pennsylvania attorney general's claims that it didn't deliver on preordered robots or refunds were outdated or false, and asked a state court to dismiss the suit against it and its former CEO.
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January 07, 2025
CFPB Accuses Experian Of 'Sham' Dispute Investigations
The Consumer Financial Protection Bureau on Tuesday sued credit reporting giant Experian in California federal court, alleging it conducts shoddy investigations into consumer-flagged reporting errors and allows previously deleted errors to reappear.
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January 07, 2025
FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal
The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.
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January 07, 2025
CFPB Adopts Rule To Take Medical Debt Off Credit Reports
The Consumer Financial Protection Bureau moved ahead Tuesday with plans to restrict the use of medical debt information in credit scoring and lending, finalizing a rule that it said will take an estimated $49 billion in unpaid medical bills off consumers' credit reports.
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January 06, 2025
Exxon Says Calif. AG, Green Groups Defamed Recycling Effort
Exxon Mobil Corp. claims California's attorney general and a coalition of conservation groups have disparaged its reputation by declaring that the petrochemical company misled people about the effectiveness of plastic recycling and that its "advanced recycling" doesn't mitigate the problem, according to a lawsuit filed Monday in Texas federal court.
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January 06, 2025
Trump Selects Long Island Judge For EDNY's Top Prosecutor
President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.
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January 06, 2025
9th Circ. Urged To Extend Freeze On Calif. Social Media Law
Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.
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January 06, 2025
FTC Urges Individuals And Cos. To Exercise Caution With AI
The U.S. Federal Trade Commission on Friday encouraged individuals and companies to exercise caution when it comes to interacting with and deploying so-called artificial intelligence systems and tools, citing the potential for various "real-world instances of harm," including privacy and security risks.
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January 06, 2025
LinkedIn Beats Federal Privacy Claims In Suit Over DMV Info
A California federal judge has again freed LinkedIn from proposed class allegations it violated federal protections on licensed drivers' personal information, saying a LinkedIn user didn't sufficiently allege that her personal information was transmitted to the professional social media company from a Department of Motor Vehicle record.
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January 06, 2025
Medical Debt Suit Against Credit Bureaus Tossed, For Now
A California federal judge tossed a proposed class action accusing Equifax, Experian and TransUnion of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports, but the judge gave the medical providers that filed the suit a chance to amend their complaint.
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January 06, 2025
Victoria's Secret Hit With $5M Suit Over Fitting Room Denial
A nonbinary Victoria's Secret customer hit the clothing company and a store manager with a $5 million civil rights lawsuit in New York state court Monday, alleging the manager discriminated against them by refusing to let them use a fitting room and telling them they were "in fact, male."
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January 06, 2025
EPA Adds 9 PFAS To Its Toxics Release Inventory List
The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment.
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January 06, 2025
Live Nation Can't Get Intermission In Calif. Antitrust Case
A California federal judge overseeing a private antitrust case against Live Nation denied the company's bid Monday to pause the case for a government enforcement action, saying that the suit was filed first and that exceptions to the "first to file" rule do not apply.
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January 06, 2025
Another Building Contractor Agrees To End No-Hire Pacts
The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.
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January 06, 2025
Booksellers Say End Of Arkansas Law Means Win In Texas
A group of booksellers pointed to an Arkansas judge's ruling striking down a law creating a penalty for the distribution of certain books to minors Monday as it urged a Texas federal judge to reject a bid for a pretrial win in a dispute over a similar law in that state.
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
Google Looks To Toss Big Tech Litigant's Antitrust Claims
Google asked a Florida federal court on Monday to dismiss antitrust claims from web development company Greenflight over the search giant's reverse phone number lookup, saying the newly amended suit does not rectify the pleading problems already pointed out by the court.
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January 06, 2025
Nasdaq Gets SPAC Investor's Racial Bias Claims Tossed
A federal judge decided Monday to toss a suit from an investor in a minority-led special purpose acquisition company claiming the Nasdaq Stock Market participated in race-based discrimination against investors, saying the plaintiff fails to allege that its injuries were a direct result of Nasdaq's actions.
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January 06, 2025
FCC Requires Reports Following TV Program 'Blackouts'
The Federal Communications Commission has voted to require multichannel video program distributors to report when programming "blackouts" occur due to impasses in carriage talks with broadcasters.
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January 06, 2025
Mich. Residents Say Solar Investors Can't Arbitrate Fraud Suit
Michigan residents who allege Florida investment firms funded a company that duped them into buying defective solar panels have urged a federal judge to deny the firms' bid to arbitrate or dismiss the claims, saying the court has already rejected the investors' arguments.
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January 06, 2025
FCC Chief Floats Spectrum Sale To Fund Network Security
The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.
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January 06, 2025
Amazon, Black & Decker Win $13M Default In Fake Battery Suit
A Seattle federal judge has awarded The Black & Decker Corp. $8 million and Amazon $5.2 million in a default judgment against two individuals using 17 different accounts to peddle counterfeit DeWalt-branded batteries through Amazon's online marketplace.
Expert Analysis
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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.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.