Consumer Protection

  • January 09, 2025

    Horizon Bank Flag On Large Check Not Biased, 6th Circ. Says

    A Sixth Circuit panel upheld Horizon Bank's defeat of allegations that the bank discriminated against a Black customer based on her race, finding bank staff did not act with hostility when they flagged a large settlement check she deposited as suspicious and froze her debit card.

  • January 09, 2025

    DOJ Fights Apple's Intervention In Google Search Remedies

    The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.

  • January 09, 2025

    Chamber, Bank Groups Press For Halt To CFPB Overdraft Rule

    The U.S. Chamber of Commerce, the Bank Policy Institute and several other banking industry groups have added their voices in opposition to the Consumer Financial Protection Bureau's new $5 overdraft fee rule through amici curiae briefs filed in Mississippi federal court.

  • January 09, 2025

    Texas Appeals Court Frees Google Of Incognito Mode Suit

    A Texas appeals court wiped Texas' deceptive trade practices suit alleging Google misleads consumers about the privacy available through its "Incognito" mode, finding in a Thursday opinion the lower court doesn't have jurisdiction to hear the case.

  • January 09, 2025

    Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys

    White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.

  • January 08, 2025

    CFPB Plots Personal Lender Oversight, Funds Access Rules

    The Consumer Financial Protection Bureau said Wednesday that it plans to pursue a pair of rulemakings aimed at speeding up the availability of deposited funds at banks and bringing larger nonbank personal lenders under its supervision.

  • January 08, 2025

    Consumers Get Class Cert. In Suit Over Law Firm's Robocalls

    A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.

  • January 08, 2025

    Fiat Chrysler Hit With Jeep Hood Fire Defect Class Action

    Automaker FCA US LLC, part of Stellantis NV, on Tuesday was hit with a proposed class action in Michigan federal court over allegations that certain Jeep vehicles made between 2021 and 2023 were prone to catching on fire, causing serious, even "catastrophic" damages.

  • January 08, 2025

    Meta, Microsoft, Google Seek To Toss DNA Data-Sharing Suit

    DNA-testing platform Nebula Genomics, Meta Platforms, Microsoft and Google urged a Chicago federal judge to toss a putative class action accusing the companies of surreptitiously misusing customers' genetic data through tracking software on Nebula's website, arguing that the complaint lacks specifics tying the defendants to alleged wrongdoing.

  • January 08, 2025

    FCC Hikes Fines For Failing To Comply With Robocall Rules

    The Federal Communications Commission unveiled rules Wednesday to increase the penalties that telecommunication companies could face if they don't comply with their obligation to send information to a central database that tracks anti-robocall compliance.

  • January 08, 2025

    Mortgage Firm Reaches $1.8M Redlining Settlement With Feds

    A Florida-based mortgage company has agreed to pay $1.75 million to resolve U.S. Department of Justice lending discrimination allegations, making it the third nondepository institution to strike such a deal, the government has announced.

  • January 08, 2025

    Edward Jones Fined $17M Over Customer Transition Fees

    Edward Jones has agreed to pay $17 million to end an investigation into alleged supervisory failures that may have led it to overcharge customers who transitioned from its brokerage division to its advisory division, state regulators announced Wednesday.

  • January 08, 2025

    Oppenheimer Fights Claims Over Ex-Worker's Ponzi Scheme

    Financial services giant Oppenheimer & Co. Inc. is seeking to avoid an arbitration fight brought by three North Carolina residents over a Ponzi scheme orchestrated by a former Oppenheimer employee, arguing in a new suit the individuals have never been customers of Oppenheimer and, therefore, have no standing to bring claims or arbitrate.

  • January 08, 2025

    UnitedHealth Wants $3.3B Amedisys Deal Challenge Tossed

    UnitedHealth Group and Amedisys Inc. asked a Maryland federal court Wednesday to toss a challenge of their planned $3.3 billion merger, contending that federal and state enforcers are refusing to say what "local" home health and hospice service markets would be hurt by the deal.

  • January 08, 2025

    Khan Acknowledges 'Open Question' On Trump Antitrust Plan

    Outgoing Federal Trade Commission Chair Lina M. Khan argued Wednesday that the Biden administration's aggressive antitrust enforcement has scored real wins, even as she expressed mixed optimism in remarks about that legacy as Donald Trump retakes the White House.

  • January 08, 2025

    Texas Station Faces $369K Fine For Emergency Alert Failures

    A local Texas television station is under fire from the Federal Communications Commission for failing to run proper nationwide emergency tests in three separate years, according to a new forfeiture notice from the agency.

  • January 08, 2025

    DraftKings Betting Promos 'Deceptive,' 3 Class Actions Claim

    DraftKings lures in customers for its sportsbook, casino and online gambling with misleading and deceptive offers that target young sports fans and turn them into gambling addicts, a trio of proposed class actions claim.

  • January 08, 2025

    EPA Slams $535M Talc Settlement In Whittaker's Ch. 11

    The U.S. government objected to a $535 million settlement that bankrupt talc supplier Whittaker Clark & Daniels reached regarding talc claims in its New Jersey Chapter 11 case, saying the deal was built on faulty estimates of the company's environmental liabilities.

  • January 08, 2025

    ATF Says Loophole Rule Passes 2nd Amendment Smell Test

    The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.

  • January 08, 2025

    Ford Can't Escape Texas Cop's Carbon Monoxide Injury Suit

    Ford Motor Co. can't get out of a suit by a Universal City, Texas, police officer who alleges he suffered carbon monoxide poisoning while idling in a Ford vehicle, because a Texas federal judge says the officer's expert and evidence support his claims that a vehicle defect is responsible for his injuries.

  • January 08, 2025

    Uber Rider's Discrimination Suit Sent To Arbitration

    A blind Uber customer must arbitrate claims that the drivers on the ride-sharing platform discriminate against visually impaired riders who use service animals, a D.C. federal judge has ruled.

  • January 08, 2025

    Epic Gets Backing For Google App Store Changes

    Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.

  • January 08, 2025

    Audi Electric SUVs Are 'Ticking Time Bombs,' Suit Claims

    Audi of America LLC and Volkswagen Group of America Inc. were hit with a proposed class action in Georgia federal court alleging certain Audi electric SUVs are "ticking time bombs" that can lose power, short-circuit and catch fire.

  • January 08, 2025

    Rivers Casino Hit With Pa. Suit Over Data Breach

    The owner of Rivers Casino in Philadelphia has been accused of not doing enough to safeguard customers' personal information, which was exposed during a data breach incident last year, according to a new class action filed Wednesday in federal court.

  • January 08, 2025

    CFPB Hit With Industry Suit Over Medical Debt Reporting Rule

    A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.

Expert Analysis

  • Health Tech Regulatory Trends To Watch In 2025

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    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.

  • An Associate's Guide To Career Development In 2025

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    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.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    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.

  • Predicting The Lasting Changes CFPB May Face In 2025

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    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.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    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.

  • 10 Noteworthy CFPB Developments From 2024

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    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.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    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.

  • 2024 Has Been A Momentous Year For ESG

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    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.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    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.

  • Making The Pitch To Grow Your Company's Legal Team

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    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.

  • The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

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    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.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Conducting A 'Reasonably Expected Market Area' Analysis

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    Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.

  • Opinion

    Justices Rightly Corrected Course In Nvidia And Facebook

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    By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.

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