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Consumer Protection

  • November 15, 2018

    FYE Must Face The Music For Bogus 'Free' Offers, Suit Says

    The parent company of music and movie retailer FYE and a Meredith Corp. subsidiary were hit with a proposed class action in Massachusetts federal court Wednesday alleging they duped consumers into signing up for “free” offers that actually led to monthly charges.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 15, 2018

    Insys Sales VP To Plead Guilty In Opioid Kickback Case

    A major player in an alleged conspiracy to bribe doctors to prescribe fentanyl-based drugs from the company Insys Therapeutics is prepared to plead guilty, prosecutors said Wednesday in a filing in Boston federal court.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

  • November 14, 2018

    Sanctions Sought In Alleged Cryptocurrency Pyramid Scheme

    An Alabama man accused of promoting a cryptocurrency investment pyramid scheme faced questioning in Florida federal court Wednesday about his involvement with similar businesses as the Federal Trade Commission pushed for sanctions over his alleged failure to follow a court order to produce and preserve certain documents.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    FDIC Puts Out Call For Information On Small-Dollar Lending

    The Federal Deposit Insurance Corp. said Wednesday that it's looking for input on how to encourage banks to offer small-dollar loans, a move that could lay the groundwork for a more substantive thawing in the agency's attitude toward this type of credit.

  • November 14, 2018

    FTC Shuts Down 1-800 Contacts Online Ad Compacts

    The Federal Trade Commission has ordered an end to a set of marketing agreements between 1-800 Contacts Inc. and its competitors that hurt competition in advertising through online search engines, the agency announced Wednesday.

  • November 14, 2018

    EPA Eases Hazmat Rules For Discarded Takata Air Bag Parts

    The U.S. Environmental Protection Agency said Wednesday that it will ease hazardous waste regulations for auto dealerships, repair facilities and scrap yards disposing of potentially deadly Takata air bag inflators at the center of a sweeping 2015 national recall.

  • November 14, 2018

    Chancery Suit Seeks $150M In Student Loan Trust Damages

    Holders of $1.5 billion in notes secured by part of investor Donald Uderitz's $15 billion National Collegiate student loan trust empire have sued in Delaware Chancery Court for control of the assets and $150 million or more in damages for losses and litigation expenses.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

  • November 14, 2018

    Payment Processor Gets Nod For Revised $7.5M TCPA Deal

    Payment processor Total Merchant Services Inc. will shell out $7.5 million to settle a proposed class action accusing it of making over 235,000 telemarketing calls that violated the Telephone Consumer Protection Act, in a deal preliminarily approved by a California federal judge.

  • November 14, 2018

    Consumers Want Nestlé 'No GMO' Label Suit To Go Forward

    A proposed class of consumers has told a California federal court to keep a suit alleging Nestlé USA Inc. uses a misleading "No GMO Ingredients" seal of approval issued by the company itself, saying Nestlé's motion to dismiss brings in arguments and evidence that are inappropriate at such an early stage of litigation.

  • November 14, 2018

    Rate-Setting Makes Insurer ERISA Fiduciary, 10th Circ. Told

    Counsel for a class of 270,000 retirement plan participants urged a Tenth Circuit panel to revive their suit against Great-West Life & Annuity Insurance Co. over its distribution of investment profits Wednesday, arguing that the insurer must be considered a fiduciary under the Employee Retirement Income Security Act.

  • November 14, 2018

    Yelp Denied Bid For Quick Win In TCPA Suit

    A California federal judge has denied Yelp's bid to defeat a proposed class action accusing the online business finder of violating the Telephone Consumer Protection Act by making unauthorized telemarketing calls, ruling that genuine matters of fact have yet to be decided.

  • November 13, 2018

    Toyota Drivers Seek To Keep Distributor In Faulty HVAC Suit

    Drivers in a proposed class action have asserted in Florida federal court that Southeast Toyota Distributors LLC knew its cars had defective ventilation systems but said nothing, an act of omission that should keep it on the hook despite its attempts to get out of the case.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    Quicken Loans, Marketing Firm Shed Wiretap Class Claims

    A New Jersey federal judge has tossed most of a proposed class action alleging online marketing company NaviStone Inc. unlawfully intercepted keystrokes and mouse clicks by users of Quicken Loans Inc.'s website, ruling that the customer-tracking software was legal under federal privacy law because both Quicken Loans and NaviStone consented to the interception.

  • November 13, 2018

    OCC, FDIC Try To Shut Down Lenders' 'Choke Point' Suit

    The Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. have urged a D.C. federal judge to grant them quick wins in a lawsuit over their alleged roles in Operation Choke Point, arguing the payday lenders behind the suit haven't backed up their due process claims against them.

Expert Analysis

  • Opinion

    Concerns About CFPB Trial Disclosure Policy Are Misplaced

    Eric Mogilnicki

    Opposition to the Consumer Financial Protection Bureau's newly proposed trial disclosure policy appears rooted in a wholly appropriate concern, but the relevant statute and empirical evidence indicate that consumers would benefit from the policy, say Eric Mogilnicki and Michael Nonaka of Covington & Burling LLP.

  • Aviation Watch: Wheels Up For FAA Reauthorization

    Alan Hoffman

    It’s impressive, in the current atmosphere of division and gridlock, that Congress managed to hammer out a five-year Federal Aviation Administration reauthorization bill, covering a wide range of important and often contentious matters, says Alan Hoffman, a retired attorney and private pilot.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • AI's Role In Financial Services: Some Early Lessons

    Eamonn Moran

    The use of artificial intelligence in financial services is still in the early stages. But a speech this week by Federal Reserve Gov. Lael Brainard shows that regulators are aware and paying attention, says Eamonn Moran of Kilpatrick Townsend & Stockton LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.