Consumer Protection

  • July 02, 2024

    Depo Gets Dad Ousted From Sesame Place Race Bias Case

    The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.

  • July 02, 2024

    6th Circ. Takes Up Fuel Pump Appeal GM Pledged To Drop

    The Sixth Circuit has agreed to hear General Motors' bid to undo certification of seven state classes of drivers who say GM sold diesel-powered trucks with faulty fuel pumps, although the automaker recently agreed to a $50 million settlement that includes a promise to abandon the appeal.

  • July 02, 2024

    Captioning Providers Worried About FCC Rate Cuts

    Companies that provide captioned telephone service for people with hearing and speech disabilities are criticizing a Federal Communications Commission proposal to reduce rates paid to providers, saying that successive rate cuts could jeopardize their credit lines and diminish their ability to raise capital if the agency doesn't change course.

  • July 02, 2024

    Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says

    A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.

  • July 02, 2024

    Wash. Plastic Surgeon To Pay $5M To End AG's NDA Suit

     A Washington state plastic surgery practice will pay $5 million to resolve the state attorney general's lawsuit that accuses it of boosting its online reputation with phony positive reviews and preventing patients from posting honest negative accounts by requiring illegal nondisclosure agreements, according to an agreed order filed in Washington federal court.

  • July 02, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.

  • July 02, 2024

    Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says

    The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.

  • July 02, 2024

    Kipling Apparel Can't Nix 'Phantom' Discount Suit

    A California federal judge on Monday refused to toss a proposed class action alleging that bag maker Kipling Apparel Corp. used "phantom" discounts to make outlet store customers believe they were getting price cuts, but she said the plaintiff had failed to show that damages would be insufficient compensation.

  • July 02, 2024

    Judge Says Feds Exceeded Question Limit In Pollution Suit

    A Michigan federal judge has denied the federal government's bid to force a coke oven battery company to respond to questions about business decisions and parent company involvement, holding that it has exceeded an agreed-upon limit of so-called interrogatories in its Clean Air Act case.

  • July 02, 2024

    Amazon's PillPack Settles TCPA Class Suit

    Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.

  • July 02, 2024

    CFPB's Founding Fair Lending Chief Heads For Exit

    Patrice Ficklin, the longtime top fair lending official at the Consumer Financial Protection Bureau, is leaving the agency later this month after more than a decade leading its efforts to oversee the financial industry's compliance with federal laws banning credit discrimination.

  • July 02, 2024

    McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit

    McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.

  • July 02, 2024

    'Angry' Connecticut AG Probing Music Festival Fiasco

    Connecticut Attorney General William Tong on Tuesday announced that his office has launched an investigation into a three-day rock music festival organized by Capulet Entertainment LLC that drew big-name bands before the venue changed at the last minute, leading numerous acts to drop out and forcing attendees to abandon their outdoor camping plans.

  • July 02, 2024

    Flint Needs State Help After Years Of Pipe Delays, Judge Says

    A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.

  • July 02, 2024

    Congress Urges DOJ To Probe TikTok Kids' Privacy Concerns

    A bipartisan group of lawmakers urged the U.S. Department of Justice on Tuesday to quickly review the Federal Trade Commission's complaint referral against TikTok and its parent company ByteDance Ltd. for possibly violating a children's privacy law.

  • July 02, 2024

    Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case

    The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.

  • July 02, 2024

    High Court Agrees To Review FDA's Flavored E-Cig Denial

    The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.

  • July 02, 2024

    Justices Will Hear Texas' Porn Site Age Check Law

    The U.S. Supreme Court will hear a case challenging a Texas law that requires people accessing websites containing explicit material to provide age verification before they can see the content, the nation's high court said Tuesday.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    SEC's High Court Loss May Sting For Banking Enforcement

    The U.S. Supreme Court's latest rebuke to the U.S. Securities and Exchange Commission is poised to complicate enforcement for the federal banking agencies, providing new ammunition for challenges to the validity of their administrative proceedings, attorneys say.

  • July 01, 2024

    TCPA Needs Update To Fight Scam Texts, FCC Chair Says

    If Congress wants the Federal Communications Commission to do more about scam texts, it should consider updating the Telephone Consumer Protection Act for the first time in more than 30 years to account for the changing times, the head of the agency has told members of the House.

  • July 01, 2024

    FCC Urged To Delay Broadcast Reporting Rule During Lawsuit

    Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.

  • July 01, 2024

    W.Va. Homeowner's Depreciation Suit Survives Dismissal

    A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.

  • July 01, 2024

    Gluten Abounds In Trader Joe's Gluten-Free Bagels, Suit Says

    Trader Joe's has been hit with a proposed class action in California federal court claiming its "Gluten Free Almost Everything Bagels" actually contain high levels of gluten that exceed the legal limits for the claim.

Expert Analysis

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Careful Data Governance Is A Must Amid Enforcement Focus

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    Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Lessons From Epic's Dutch Fine For Unfair Marketing To Kids

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    Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.

  • Opinion

    California Has A Duty To Curtail Frivolous CIPA Suits

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    As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.

  • Risks And Promises Of AI In The Financial Services Industry

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    Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

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