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Consumer Protection

  • May 17, 2019

    Structural Remedies In Spotlight In Facebook Privacy Probe

    In the wake of Facebook's revelation that it expects to pay a multibillion-dollar fine to resolve the Federal Trade Commission's pending probe of its privacy practices, experts mull what the agency should include in a settlement for it to truly have teeth.

  • May 17, 2019

    Gov't Must Provide Info In Challenge To 2-For-1 Rule Order

    The D.C. federal judge presiding over public interest groups' challenge to President Donald Trump's executive order requiring that for every new regulation, two rules must be eliminated, said Friday that federal agencies must do a better job complying with discovery.

  • May 17, 2019

    Call Recipients Seek Class Cert. In Vacation Marketing Row

    A Choice Hotels loyalty program member is pushing a Florida federal judge to certify a nationwide class of more than 23,000 consumers whom the hotel chain's telemarketing partner BlueGreen Vacations allegedly bombarded with unsolicited calls.

  • May 17, 2019

    Group Questions T-Mobile's Lifeline Pledge, Drawbacks

    In a letter to the Federal Communications Commission Thursday, an Oklahoma phone company expressed doubt that T-Mobile would maintain a commitment to the Lifeline program for low-income consumers, citing the company’s track record of limited participation.

  • May 17, 2019

    Call Blocking May Come With Cost, Advocacy Org Cautions

    A Federal Communications Commission plan to allow carriers to block robocalls could mean those carriers could pass along charges for the blocking services, whether customers want it or not, an advocacy group said Friday.

  • May 17, 2019

    CFPB Targets NY Debt Collection Firm Over Mass Suit Filings

    A New York debt collection law firm used high-volume litigation tactics such as automation to collect over 99,000 debts without proper attorney oversight, according to a complaint filed in New York federal court by the Consumer Financial Protection Bureau on Friday.

  • May 17, 2019

    CVS Ditches False Ad Suit Over Joint Health Pills

    CVS Health Corp. can escape a putative class action over claims it falsely advertised its line of CVS Health Glucosamine products, a California federal judge has ruled, finding that the pharmacy giant's packaging complies with federal labeling law, preempting the state law claims asserted in the suit. 

  • May 17, 2019

    Rep. Asks FCC's Pai To Clarify Whether He 'Withheld' Info

    Rep. Anna Eshoo has demanded that the chairman of the Federal Communications Commission share information about a probe into mobile location tracking with his Democratic colleagues and suggested he correct statements that portrayed he didn’t know of their requests.

  • May 17, 2019

    BMW Blasts EU’s Emissions Tech Cartel Case

    BMW AG’s chief executive on Thursday blasted a European Union investigation alleging that it colluded with other German car makers to keep new emissions technology off the market for several years, calling the claims unfounded.

  • May 17, 2019

    Mobile App Developer Tries To Kick 'Click Injection' Fraud Suit

    A Chinese mobile app developer asked a New York federal court on Thursday to excuse it from a proposed class action accusing the company of lying to investors about faking its download numbers to fraudulently increase advertising revenue, arguing that the shareholders' claims are too vague.

  • May 17, 2019

    GM Owners Open Faulty-Transmission Class Suit In Del.

    Attorneys for General Motors vehicle owners with allegedly defective transmissions opened a proposed nationwide federal class damages suit in Delaware Friday, becoming at least the third prospective multistate class challenge to the automaker’s gearboxes.

  • May 17, 2019

    GNC Says Unauthorized Amazon Reseller Tarnishes Its Name

    GNC said an unauthorized, Brooklyn, New York-based Amazon store is damaging the company's reputation by selling knockoffs of its products or second-hand goods without GNC's customer service or quality controls, according to a lawsuit filed Friday in Pennsylvania federal court.

  • May 17, 2019

    The Law Firms Making Millions Off The PG&E Cases

    The nation's largest utility company, Pacific Gas and Electric, has paid at least $89 million in the past year in legal fees to firms directly involved with its bankruptcy, civil, criminal and regulatory cases stemming from California wildfires — and the vast majority of that sum has gone to Cravath Swaine & Moore LLP.

  • May 17, 2019

    Consumers Push For Sanctions In Tribe-Linked Usury Case

    Consumers accusing a tribe-linked online lender of issuing loans at unreasonably high interest rates urged a Virginia federal court Thursday to sanction the founder of a company connected to the lender, saying he has failed to comply with an order to turn over counsel documents.

  • May 17, 2019

    DeVry $16M Ads Suit Settlement OK'd With Lesser Atty Fees

    A Delaware vice chancellor on Friday signed off on a settlement with a lesser-than-requested attorney fee by which former officers of DeVry University will pay $16 million to end a shareholder derivative suit that alleged the for-profit college chain made false advertisements and representations about the employment rates of its graduates.

  • May 16, 2019

    Calif. Senate Blocks Bill To Update Consumer Privacy Law

    The California Senate appropriations committee on Thursday blocked the progress of legislation that supporters say would strengthen a landmark privacy bill that forces technology companies to disclose how they use and share customers’ personal data.

  • May 16, 2019

    Bitfinex, Tether Transfers Blocked As NY Judge Narrows Order

    An order enjoining cryptocurrency company Tether Ltd. and trading platform Bitfinex now has a 90-day time limit after being tightened by a New York judge, while core provisions safeguarding document requests and freezing a line of credit between the two companies were left intact.

  • May 16, 2019

    Industry Must Push FCC To Fix TCPA Litigation Mess: O'Rielly

    While the Federal Communications Commission is keenly aware of the class action litigation "mess" that has been caused by widespread uncertainty over how to interpret the Telephone Consumer Protection Act, businesses "caught up in the TCPA spider web" need to step up pressure on the agency to act, Commissioner Michael O'Rielly urged Thursday.

  • May 16, 2019

    CDC's HIV Prevention Patents Invalid, Gilead CEO Tells House

    Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.

  • May 16, 2019

    Wiretap Suit Against Chinese Sex Toy Maker Survives

    A California federal court pushed forward most of a class action claiming that a Chinese sex toy maker illegally harvested data from its users, finding for the first time that vibration intensity settings are "content" under wiretapping law.

Expert Analysis

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Reducing The Regulatory Risk Of Merchant Cash Advances

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    Courts and regulators have reached different conclusions on whether merchant cash advances and unpaid invoice purchases constitute loans subject to state lender licensing and usury regulations. Attorneys at Buckley discuss how to minimize the chances of these transactions being recharacterized as loans.

  • The Precarious State Of Public Injunction Waivers In Calif.

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    Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • The Problem With 9th Circ. CFPB Leadership Structure Ruling

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    In Consumer Financial Protection Bureau v. Seila Law, the Ninth Circuit recently ruled that the CFPB’s single-director structure is constitutional. However, the opinion applies the U.S. Supreme Court's decision in Humphrey’s Executor v. U.S. in a way that ignores that decision's fundamental holding, says Alan Kaplinsky of Ballard Spahr.

  • Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

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    Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

  • A Glimpse Into The Potential Future Of AI Regulation

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    The Algorithmic Accountability Act, a bill recently introduced by Democrats in Congress seeking to enhance oversight of artificial intelligence and data privacy, would present significant challenges for businesses if it became law, say attorneys with Debevoise & Plimpton.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.