Consumer Protection

  • November 15, 2019

    Firm Rips CFPB's 'End-Run' Around Constitutional Challenge

    The Consumer Financial Protection Bureau’s recent move to scrap a lawsuit seeking to enforce a civil investigative demand against a New York debt collection law firm has been slammed by the firm as a head fake designed to prevent a New York federal judge from ruling on a constitutional challenge to the agency.

  • November 15, 2019

    RJR, Phillip Morris Owe $157M To Smoker's Widow, Jury Says

    A pair of tobacco giants face a total $157 million verdict after jurors in a Florida state court granted the husband of a man who died of lung disease nine-figure punitive damages for their decades-long conspiracy to bury the risks of smoking.

  • November 15, 2019

    Pope Francis Calls For 'Balance' In Encryption Debate

    Pope Francis has waded into the debate over government access to encrypted communications, challenging tech firms in a Thursday speech to strike a "fitting balance" between protecting privacy and helping law enforcement track down child predators.

  • November 15, 2019

    EPA Can't Trim Suit Seeking Tighter Asbestos Standards

    A California federal judge on Friday denied the U.S. Environmental Protection Agency's attempt to dodge part of a lawsuit filed by health and environmental groups that are looking to force the EPA to tighten asbestos regulations.

  • November 15, 2019

    Undo $59M CFPB Award Pending High Court Cases, Attys Say

    The principals of two mortgage relief law firms targeted in a Consumer Financial Protection Bureau lawsuit have asked a Wisconsin federal judge to take back a $59 million judgment he awarded the agency to end the case, a conclusion they said could be upended by two pending U.S. Supreme Court appeals.

  • November 15, 2019

    House, Senate Reach Deal To Unite Robocall Legislation

    House and Senate committee leaders announced late Friday that they had reached a deal to square two versions of anti-robocall legislation that passed overwhelmingly earlier this year, readying the bill for White House approval.

  • November 15, 2019

    US, China Make Moves To Open Up Poultry Trade

    China announced Thursday that it has lifted its ban on U.S. poultry imports, a week after the U.S. Department of Agriculture said it would allow chicken killed in China to be exported into the U.S.

  • November 15, 2019

    FCC Lifeline Reforms Could Gut Program Or Spill Data: Dems

    The Federal Communications Commission has released a set of reforms intended to tighten a subsidized internet and phone program, but agency Democrats said they’re concerned the updates could defang the program or cause a data breach.

  • November 15, 2019

    Negligence Claims Trimmed In Ricola Cough Drop Label Suit

    A New York federal judge has trimmed claims for negligence and unjust enrichment from a suit brought by a Ricola cough drop buyer alleging that the company’s “naturally soothing” claims are misleading, but allowed her state law false advertising claims to move forward.

  • November 15, 2019

    Whole Foods Accused Of Hiding Sugar In Oatmeal Ingredients

    A proposed class of consumers took Whole Foods Market Group Inc. to New York federal court on Friday, claiming buyers were misled by the ingredients label on the retailer’s instant oatmeal because it hides the product's added sugar content under a different term.

  • November 14, 2019

    CBD Capsule Case Belongs In State Court, Plaintiff Says

    A truck driver who claims he was fired for positive marijuana tests after taking CBD capsules that contained THC asked a federal court to remand his case against the CBD company back to state court, saying none of his claims are based on federal law.

  • November 14, 2019

    Ford Owes $64K In First PowerShift MDL Verdict

    Ford violated California's lemon law by declining to buy back a Ford Focus after numerous clutch repairs and transmission issues, a California federal jury ruled Thursday in the first verdict to come from nearly 1,000 consolidated federal cases over alleged defects in Focus and Fiesta PowerShift transmissions.

  • November 14, 2019

    Sleepy's Can't Shake NJ Class Action Over Botched Order

    A New Jersey federal judge on Thursday refused to toss a proposed class action against the former Sleepy's LLC and its successor company, finding that a consumer sufficiently alleged the businesses violated state law by not delivering the mattress base he ordered and not telling him he could cancel the delivery.

  • November 14, 2019

    Insurers Needn't Disclose Interest Charges, Calif. Justices Say

    The California Supreme Court handed Northwestern Mutual Life Insurance Co. a win Thursday in a proposed consumer class action challenging the company's practice of charging compound interest on policy loans, ruling that insurers are exempt from disclosing such charges under state law.

  • November 14, 2019

    Facebook Says Gov't Demands For User Data At All-Time High

    Facebook said Wednesday that it received more requests from governments around the world for access to user data in the first half of 2019 than ever before, and insisted that it continues to push back on overbroad demands and doesn't provide officials with "back doors" to encrypted data. 

  • November 14, 2019

    Bipartisan Bill Would Curb Gov't Use Of Facial Recognition

    Two U.S. senators introduced a bipartisan bill on Thursday that would require federal law enforcement to get a warrant to track people using facial recognition technology for longer than 72 hours, the latest bid to scale back the use of a largely unregulated technology.

  • November 14, 2019

    KPMG's Cut Corners Cost School $7.4M, Jury Told In Closings

    An attorney for Merrimack College told a Massachusetts jury during closing arguments Thursday that a former employee’s student loan fraud would have been stopped years earlier if KPMG auditors had done financial testing they were supposed to do, while KPMG’s counsel said the college had only itself to blame.

  • November 14, 2019

    HHS Looking Into Google Health Data Project

    The U.S. Department of Health and Human Services said Thursday that it’s investigating Google’s collaboration with hospital giant Ascension, which purportedly allowed the powerful tech company to gather health data on millions of Americans.

  • November 14, 2019

    Munger Tolles Blasts DOJ's DQ Bid In Sprint-T-Mobile Suit

    Munger Tolles & Olson LLP, the firm helping a contingent of states challenge Sprint and T-Mobile's planned merger, told a New York federal court on Thursday that the U.S. Department of Justice's bid to disqualify it comes too late and is devoid of merit.

  • November 14, 2019

    Amazon Sues Co. For Going After Best Buy In Tablet Dispute

    Amazon.com Inc. confronted a patent holder Wednesday that's accusing Best Buy of patent infringement for selling Amazon Fire tablets, contending for the second time this week that any litigation over its technology must be directed at the online retail giant and not its retail customers.

  • November 14, 2019

    Rare HHS Patent Suit May Impact HIV Drug Pricing, Access

    The U.S. Department of Health and Human Services made the rare decision last week to sue a drugmaker for patent infringement. Law360 looks at this uncommon case and why experts think drug pricing and access are at the heart of the new litigation.

  • November 14, 2019

    Timeshare Biz Sues Firm Over Promises To Contract Owners

    Timeshare company Bluegreen Vacations has slapped a Missouri law firm with a false advertising lawsuit in Florida federal court, claiming it can’t legally make good on its promise to help share owners cancel their timeshare contracts.

  • November 14, 2019

    Nestle Sued Over 'Fake' White Chocolate Chips

    Two California residents have sued Nestle USA for allegedly misleading buyers of its "premier" white chocolate by selling chips that contain hydrogenated oil instead of cocoa, in violation of FDA labeling rules.

  • November 14, 2019

    Class Attys In Geico Tax Suit Deserve $6.3M Fees, Judge Says

    A Florida magistrate judge has recommended a $6.3 million award for the attorneys who secured a $6.5 million judgment over allegations that Geico shorted drivers by failing to pay sales tax and transfer fees on totaled leased vehicles.

  • November 14, 2019

    Buyers Urge 9th Circ. To Revive General Mills False Ad Suit

    A proposed class of consumers is urging the Ninth Circuit to give them another shot at a suit alleging General Mills Sales Inc. falsely claimed its cereals and bars were healthy, saying the lower court misrepresented their claims when it dismissed the suit in August.

Expert Analysis

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • German Report May Be Road Map For Future AI Regulation

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    A recent report from Germany’s Data Ethics Commission suggests a legal future for artificial intelligence that may look a lot like the European Union’s General Data Protection Regulation — sweeping in scope, focused on individual rights and corporate accountability, and applicable across all industries, say attorneys at Debevoise.

  • FCRA Ruling Offers Defense For Hypertechnical Claims

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    A Virginia federal court’s recent decision in Frazier v. First Advantage Background Services provides compelling grounds to challenge claims that attempt to blur the Fair Credit Reporting Act’s technical requirements that distinguish between consumer reporting agencies and the users of their reports in the hiring context, say attorneys at Troutman Sanders.

  • What Challenges To OCC Charter Mean For Fintech Cos.

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    As cases challenging the Office of the Comptroller of the Currency's proposed national bank charter for fintech companies play out in the Southern District of New York and the District of Columbia, businesses may consider alternative options to access the U.S. banking system, say Pratin Vallabhaneni and Margaux Curie at White & Case.

  • Teaching Witnesses To Avoid Cross-Examination Traps

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    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

  • Calif. Privacy Law Compliance Strategies For Health Care Cos.

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    To address the California Consumer Privacy Act’s two-part health care exception, which leaves large gaps of uncertainty for many next-generation health care companies, there are several compliance steps that can be used to assess the applicability of the CCPA, says Ryan Blaney of Proskauer.

  • AI Bill Emphasizes Transparency And Consumer Control

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    The Filter Bubble Transparency Act introduced in the Senate last month is the latest of growing congressional efforts to regulate artificial intelligence, and the first substantive federal bill aimed at curbing companies' algorithmic control of content on internet platforms, say Adam Aft and Yoon Chae of Baker McKenzie.

  • 2 FTC Cases Take A Stand Against Online Endorsement Fraud

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    Businesses involved in e-commerce should take careful note of the Federal Trade Commission's recent cases against Sunday Riley Modern Skincare and Devumi, because until now consumer protection agencies have struggled to govern fake reviews and false indicators of brand value online, says Brad Elbein at Culhane Meadows.