Consumer Protection

  • January 24, 2025

    SEC Gets Kraken's Major Questions Doctrine Defense Axed

    A California federal judge on Friday partially granted the U.S. Securities and Exchange Commission's bid to ax some of cryptocurrency exchange Kraken's key defenses to allegations it violated securities laws by offering crypto assets without proper registration, saying the case wasn't the type to implicate the so-called major questions doctrine defense.

  • January 24, 2025

    FTC Signals Unified Focus On Kids' Privacy With Rule Update

    The Federal Trade Commission's recent unanimous move to strengthen longstanding online privacy protections for children demonstrated that the agency won't be easing up on enforcement in this space as a new Republican regime takes over, despite lingering questions over whether further changes or expansions may be on the horizon. 

  • January 24, 2025

    Colo. Judge Asks If Uber Pay Law Is Like Cigarette Warning

    A Colorado federal judge asked the state whether a law requiring Uber to disclose driver pay to riders can be compared to cigarette warning labels if riders are getting the information after a ride is completed, at a hearing Friday to consider whether to block the law from taking effect.

  • January 24, 2025

    11th Circ. Overturns FCC One-To-One Marketing Consent Rule

    The Eleventh Circuit late Friday overturned a Federal Communications Commission rule requiring individual consumer consent to receive contacts from companies through comparison shopping sites.

  • January 24, 2025

    CFPB, NY's Updated Claims Against MoneyGram Move Ahead

    The Consumer Financial Protection Bureau and the New York attorney general's updated claims against payments firm MoneyGram aren't futile and can move forward despite a yearslong pause in the enforcement suit, a New York federal judge ruled Friday.

  • January 24, 2025

    Justices To Clarify Article III Standing For Certified Classes

    The U.S. Supreme Court granted LabCorp's request on Friday to clarify federal law regarding whether district courts can certify class actions when some members of the proposed class may lack a cognizable injury in fact.

  • January 24, 2025

    Newly Appointed FCC Chair Names More Agency Leaders

    Federal Communications Commission Chair Brendan Carr on Friday announced several staff appointments, including acting officials to lead international affairs, engineering, economics and media relations.

  • January 24, 2025

    Carvana's $1.5M Deal To End Conn. Consumer Suit Approved

    A Hartford state trial court judge has approved an agreed-upon $1.5 million judgment between Carvana LLC and the State of Connecticut, ending claims that the online car dealer delayed sending title documents to buyers, failed to advance timely payments to sellers and offered poor customer service.

  • January 24, 2025

    Amex GBT Faces Sept. Trial In DOJ Case Against $570M Deal

    A New York federal judge set a September trial date Friday for the U.S. Department of Justice suit challenging American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, rejecting company assertions of "exigencies" necessitating a decision by June.

  • January 24, 2025

    Ga. Judge Gives Tentative OK To $1M PFAS Deal

    A federal judge gave preliminary approval to a $1 million settlement in a sprawling class action over forever chemicals allegedly released from a north Georgia textile plant, potentially ending the involvement of one of the half-dozen chemical companies in the suit.

  • January 24, 2025

    Agri Stats Demands Details On DOJ's Info-Sharing Claims

    Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.

  • January 24, 2025

    Ford Fails To Block Evidence Of Other Crashes In Death Trial

    A Georgia federal judge refused to block evidence of similar crashes from being presented at a trial over the deaths of a couple in a rollover wreck of their Ford Motor Co. vehicle, but he limited the number of incidents that the plaintiffs can present from the 110 that the plaintiffs proposed to 50.

  • January 24, 2025

    Education Department Asks For Pause In Student Loan Case

    The federal government asked the U.S. Supreme Court on Friday to pause a review of a Fifth Circuit block on a program that forgives student loans if the borrower was scammed, saying it needed to "reassess" its position following President Donald Trump's inauguration.

  • January 24, 2025

    Louisiana Urges Court To Toss New Challenge To Hemp Law

    Louisiana officials have renewed their push to defeat a federal lawsuit challenging the state's new hemp policy, which they said was not preempted by the federal law that legalized hemp nationwide.

  • January 24, 2025

    FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's

    The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.

  • January 24, 2025

    Lawmakers Want FCC Subsidy Fund Preserved At High Court

    Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.

  • January 24, 2025

    Capital One Named In Action Over Early-Year Service Outage

    Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.

  • January 24, 2025

    Chopra Says Banks May Not Get CFPB 'Lapdog' Under Trump

    As President Donald Trump faces pressure from allies to fire Consumer Financial Protection Bureau Director Rohit Chopra, the agency chief on Friday accused banks of trying to fend off measures that could address Trump's concerns about so-called debanking.

  • January 24, 2025

    Coding Boot Camp Seeks Coverage For Tuition Financing Row

    A San Francisco-based company that runs coding boot camps said its insurers must defend and indemnify it for federal and state probes and private settlements related to its tuition financing program, telling a California federal court that coverage denials have left the company on the brink of insolvency.

  • January 24, 2025

    FDA's Premium Cigar Regulations Overturned By DC Circ.

    A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.

  • January 24, 2025

    NC Gov. GC's Bio Boasts BigTech Battles, Merger Dustup

    Sarah Boyce has followed her boss from the North Carolina Attorney General's Office to the steps of the governor's mansion as his new general counsel, capping off more than four years of high-profile constitutional challenges that saw her arguing before the nation's highest court as well as multistate enforcement actions against industry giants like Google and TikTok.

  • January 24, 2025

    EU Approves Int'l Paper's $7.2B DS Smith Deal With Fix

    European enforcers said Friday they have approved International Paper Co.'s planned £5.8 billion ($7.2 billion) purchase of fellow packaging provider DS Smith PLC conditioned on the sale of several factories in regions where they currently overlap.

  • January 24, 2025

    Trump Treads Into Murky Waters With TikTok Gambit

    Nearly five years after he sought to kill the social media platform TikTok, President Donald Trump has opened his second term with a legally questionable bid to save it, cloaking the app's future in the U.S. market in even more uncertainty.

  • January 23, 2025

    Fitbit To Pay $12M Fine For Ionic Smartwatch Burns

    Fitbit has agreed to pay a $12.25 million fine to resolve the U.S. Consumer Product Safety Commission's allegations it failed to immediately report that its Ionic smartwatches were overheating and leaving some consumers with second- and third-degree burns, the consumer safety agency announced Thursday.

  • January 23, 2025

    Dems Cite 'Unprecedented Concerns' With Trump Memecoins

    U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.

Expert Analysis

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • The Blueprint For A National Bitcoin Reserve

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    The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.

  • FTC Privacy Enforcement Takeaways From 2024

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    In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.

  • Student Loan Entities In Hot Seat After CFPB Goes To College

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    While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • Roundup

    Banking Brief: State Law Recaps From Each Quarter Of 2024

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    In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • Small Biz Caught In Corporate Transparency Act Crossfire

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    Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.

  • Forecasting The Future Of The FTC Post-Inauguration

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    The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.

  • 5 Notable Information Security Events In 2024

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    B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • What Broker-Dealers Must Know Before Selling Bitcoin ETPs

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    Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q4

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    The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.

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