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Consumer Protection

  • March 21, 2019

    Ill. Residents Get Class Nod In Prerecorded Cruise Call Row

    An Illinois federal judge on Thursday certified a class of state residents who claim the travel company behind Holiday Cruise Line blasted them with unwanted prerecorded calls marketing a free vacation but refused to allow call recipients who live outside the Prairie State to join the class. 

  • March 21, 2019

    Experian Gets $3M Verdict In FCRA Case Slashed To $490K

    A man who convinced a jury to impose $3 million in punitive damages against Experian for misreporting his credit history saw an Alabama federal judge on Thursday cut the award to $490,000 to bring it closer in line with the $5,000 he won in compensatory damages.

  • March 21, 2019

    $240M Wells Fargo-Investor Deal Missing Key Factor: Judge

    A California federal judge on Wednesday told investors he needed more information to evaluate their proposed $240 million settlement with Wells Fargo & Co. executives over how the bank's fabricated accounts scandal affected its reputation, finances and stock prices.

  • March 21, 2019

    Nationwide’s $5M Sales Robocall Deal Gets Initial Approval

    A Georgia federal judge Wednesday signed off on a $5 million proposed settlement ending claims that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act with marketing robocalls to unsuspecting consumers.

  • March 21, 2019

    Transamerica Must Face Policyholders' Suit Over Rate Hikes

    A California federal judge on Wednesday ruled that Transamerica Life Insurance Co. must face a suit claiming it breached agreements with two policyholder groups by drastically increasing their monthly costs, largely denying its bid to dismiss the policyholders’ claims.

  • March 21, 2019

    'Training Wheels' Come Off New NY Cybersecurity Rules

    New York’s financial services regulator has demonstrated an eagerness to help companies get up to speed on the state's landmark cybersecurity rules over the past two years, but with the implementation grace period now over, enforcement is likely to heat up, experts say.

  • March 21, 2019

    Long-Distance Carrier Fined $2.3M For Unauthorized Charges

    The Federal Communications Commission today issued a $2.32 million fine against Michigan-based Long Distance Consolidated Billing Company for deceptive marketing practices, saying it switched consumers’ carriers — a practice known as slamming — and charged them for services without authorization, also known as cramming.

  • March 21, 2019

    Watchdog Asks DOT To Publicize Info On Airline Immunities

    The U.S. Department of Transportation needs to be more transparent about how it decides whether to hand out antitrust immunity to airlines seeking to make alliances, according to a U.S. Government Accountability Office report released Wednesday.

  • March 21, 2019

    Spirit Balks At Flyers' 2nd Circ. Bid To Revive Bag-Fee Suit

    Spirit Airlines told the Second Circuit on Thursday that federal law preempts a proposed class action alleging it defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, saying passengers cannot invent and force a disclosure obligation.

  • March 21, 2019

    Hotel Chains Have To Face Search-Engine Antitrust Suit

    An Illinois federal judge on Thursday refused to dismiss a proposed class action against Hyatt, Hilton, Marriott and other hotel giants over allegations the companies have an anti-competitive agreement to avoid advertising against each other via search engines.

  • March 21, 2019

    5 Firms To Get $214M In $1.5B Syngenta MDL Corn Settlement

    Five law firms will receive $214 million in fees from the $1.5 billion Syngenta AG tainted corn settlement after a Kansas federal court adopted those same firms' recommendation on how to allocate some of the money.

  • March 21, 2019

    Ill. Judge Again Gives LL Bean Warranty Suit The Boot

    “Nothing much has changed” in an amended complaint from a customer claiming L.L. Bean Inc.’s switch from a century-old lifetime warranty to a one-year return policy violates consumer protection laws, prompting an Illinois federal judge to dismiss the suit for good on Wednesday.

  • March 21, 2019

    Facebook Staff Had Access To Millions Of User Passwords

    Facebook admitted Thursday that it stored hundreds of millions of users' passwords in a format that would have allowed Facebook employees to read them, the latest of several privacy lapses for the company.

  • March 21, 2019

    Foreclosure Firms Get High Court Help, But Questions Remain

    Lenders and the law firms they hire to perform nonjudicial foreclosures can take some comfort in the U.S. Supreme Court's unanimous decision that the Fair Debt Collection Practices Act doesn't broadly apply to these out-of-court proceedings, but the ruling still leaves some questions to sort out, experts told Law360.

  • March 21, 2019

    MillerCoors Sues Bud Light Over Super Bowl 'Corn Syrup' Ad

    MillerCoors is suing rival Anheuser-Busch over a Super Bowl ad for Bud Light that claimed Miller Lite and Coors Light contained corn syrup, calling it false advertising “designed to frighten consumers.”

  • March 20, 2019

    Google Ruling Hints At High Court Wariness Of Cy Pres Deals

    The U.S. Supreme Court punted Wednesday on deciding the fairness of Google's $8.5 million cy pres privacy deal that steered funds to third parties instead of class members, but Justice Clarence Thomas' unequivocal criticism of the arrangement is a sign that the high court may soon curtail the practice.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Tootsie Roll Escapes Slack-Fill Suit Over Junior Mints Boxes

    Tootsie Roll dodged claims that, while its Junior Mints are chocolate, peppermint and delicious, they’re packaged in deceptively large boxes, when an Illinois federal judge ruled Tuesday that consumers would need to show how the candy they received was worth less than they paid.

  • March 20, 2019

    Honda Buyers Seek Transmissions Cert. After Appeal Win

    Honda buyers who won an appellate fight to revive their class certification row urged a California judge Wednesday to grant class certification on claims that Honda falsely advertised reliable vehicles while selling cars with defective transmissions.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Advertisers Should Heed FTC Stats On NAD Referrals

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    While the Federal Trade Commission cannot be expected to act on every referral from the Better Business Bureau’s National Advertising Division, the FTC’s recent follow-up record demonstrates that companies choosing not to comply with NAD recommendations are making a risky bet, says Alexander Goldman, staff attorney at the National Advertising Division.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • 3rd Circ. FDCPA Opinion A Rude Awakening For Debt Buyers

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    Federal courts may look to the Third Circuit's recent opinion in Barbato v. Greystone Alliance — which sidestepped the U.S. Supreme Court’s 2017 holding in Henson v. Santander Consumer — as the leading analysis of whether debt purchasers are subject to the Fair Debt Collection Practices Act, say Melanie Brody and Francis Doorley of Mayer Brown LLP.