Consumer Protection

  • April 15, 2025

    Carriers Seek High Court Clarity On Universal Service

    The trade group for regional and rural wireless service providers warned members Tuesday that they can't count on federal support for telecom deployment following last month's U.S. Supreme Court arguments over the federal government's program for subsidizing build-outs in high-cost and underserved areas.

  • April 15, 2025

    39 AGs Urge Congress To Ban PBM Pharmacy Ownership

    A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.

  • April 15, 2025

    9th Circ. Backs $272M Verdict For Monster In Bang Ad Case

    The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.

  • April 15, 2025

    Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims

    General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.

  • April 15, 2025

    3rd Circ. Won't Restart Claims In Dodge Charger Class

    A Third Circuit panel on Tuesday held that it could not revive a lawsuit filed by owners of Dodge Charger Hellcats claiming that the muscle cars fell short of their advertised performance, noting that the lower court did not adequately explain its reasoning in dismissing the bulk of the case.

  • April 15, 2025

    NCAA Transfer Player Seeking Extra Season Denied By Judge

    A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.

  • April 15, 2025

    Meta Accused Of Turning Smart Devices Into Useless 'Bricks'

    Consumers hit Meta Platforms Inc. with a proposed class action in California federal court Monday, accusing the social media giant of a deceptive "bait-and-switch" scheme by advertising Meta's Portal video-calling smart devices with wide-ranging features only to later discontinue key software functionality rendering its hardware "largely obsolete," useless "bricks."

  • April 15, 2025

    Deodorant Maker Hit With Class Claims Over Skin Burns

    Edgewell Personal Care Co. is liable for chemical burns and other "painful and irritating skin issues" that users of its Billie brand All Day Deodorant have experienced, a proposed federal class action alleges.

  • April 15, 2025

    Submarine Cable Rules Need To Follow NIST, Feds Told

    Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.

  • April 15, 2025

    Judge Vacates CFPB's Credit Card Late Fee Rule

    A Texas federal judge on Tuesday vacated the Consumer Financial Protection Bureau's $8 credit card late fee rule after the agency reached a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.

  • April 15, 2025

    Entergy Can't Fight FERC Market Rule Change, DC Circ. Says

    The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.

  • April 15, 2025

    NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told

    A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.

  • April 15, 2025

    Wynn Faces Class Action Over Casino Win/Loss Statements

    Wynn Resorts is violating a Massachusetts law requiring it to send monthly win/loss statements or adequate notice about how to access them online to gamblers at its Encore Boston Harbor Casino, a proposed class action filed in state court alleges.

  • April 15, 2025

    Pharma Tech Firm Hit With Class Claims Over Data Breach

    Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.

  • April 14, 2025

    Ransomware Payouts, Forensic Costs Falling, Law Firm Says

    The measures that companies are putting in place to guard against ransomware attacks are starting to pay off, with the amount that's being doled out to contain the impact of these incidents and the cost of forensic investigations dropping last year, according to a new BakerHostetler report.

  • April 14, 2025

    PAC Treasurer Avoids Prison For $26.4M Fundraising Fraud

    A Manhattan federal judge on Monday sentenced the former treasurer of multiple political action committees to 30 months of home detention for a scheme that raised about $26.4 million from small-dollar donors for supporting veterans and other causes, but that saw little of that money go to intended recipients.

  • April 14, 2025

    Musk Supports Deleting IP Law, Attorneys Say Let's Not

    Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.

  • April 14, 2025

    Linking Friends No Longer Meta's Focus, Zuckerberg Says

    Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.

  • April 14, 2025

    Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says

    Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.

  • April 14, 2025

    Chervon Moves Explosive Battery Suit To Ill. Federal Court

    Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC were hit with a proposed class action accusing them of selling lithium-ion batteries that overheated and, in some cases, caught fire, according to a complaint removed to Illinois federal court on Friday.

  • April 14, 2025

    Juul Seeks Ax of Noncompliant Plaintiffs In E-Cig Suits

    Juul on Monday asked a California federal judge to toss claims brought by plaintiffs who failed to comply with court orders, about two years after Juul reached a $255 million global settlement in the litigation.

  • April 14, 2025

    Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs

    Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.

  • April 14, 2025

    Apple Wants Renewed Cloud Storage Monopoly Suit Tossed

    Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.

  • April 14, 2025

    Crypto Firm DCG Can't Dodge NY AG Suit Over Genesis Woes

    Crypto venture capital firm Digital Currency Group must face the bulk of the New York attorney general's claims it defrauded investors by hiding the dire financial condition of its bankrupt lending subsidiary Genesis Global, a New York state judge has ruled.

  • April 14, 2025

    Ozempic Pretender On Sale In Conn., Novo Nordisk Says

    A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.

Expert Analysis

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Unpacking First Consumer Claim Under Wash. Health Data Act

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    The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Unpacking Liability When AI Makes A Faulty Decision

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    As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • Expectations For SEC Exams As Private Credit Market Grows

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    The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • Implications Of Kid Privacy Rule Revamp For Parents, Cos.

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    The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.

  • 2 Practical Ways For Banks To Battle Elder Financial Abuse

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    Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.

  • Examining Trump Meme Coin And SEC's Crypto Changes

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    While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.

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