Consumer Protection

  • September 18, 2019

    AAA, Priceline Escape Members' Hotel Booking Suit

    A New York federal judge dismissed a putative class action Wednesday that accused AAA and Priceline of charging hidden fees for hotel bookings, agreeing with a magistrate judge’s finding that the consumer can’t sue for breach of a term that is absent from a contract.

  • September 18, 2019

    CFPB Will Keep Consumer Complaint Database Public

    The Consumer Financial Protection Bureau said Wednesday that it will keep its consumer complaint database open to the public, stepping back from what consumer advocates had feared would be a shuttering of a resource they say is vital for keeping tabs on the financial services industry.

  • September 18, 2019

    Senate Bill Would Establish Center To Fight Election Meddling

    A pair of U.S. Senate Democrats, including 2020 presidential hopeful Amy Klobuchar, is pressing election security legislation that would require the intelligence community to create a new information-sharing center to combat foreign interference. 

  • September 18, 2019

    J&J Talc Supplier Given Time To Negotiate Insurance Deal

    Johnson & Johnson talc supplier Imerys Talc America Inc. told a Delaware bankruptcy judge Wednesday that it would continue negotiations with tort claimants to get a consensual agreement on a $7.2 million settlement with insurance providers paying defense costs in thousands of personal injury suits.

  • September 18, 2019

    States Don't Want Sprint-T-Mobile Trial Moved Up

    States suing to block the merger of Sprint and T-Mobile have urged a New York federal court not to move the scheduled trial date up a week in order to avoid a potential conflict with the year-end holidays, saying it would hinder their preparation efforts.

  • September 18, 2019

    Attys Snag $1M In Fees After $3.5M TCPA Deal With Checkers

    A Florida federal judge on Wednesday awarded class counsel more than $1 million in attorney fees for their work securing a $3.5 million settlement for a nationwide class of consumers who alleged fast-food restaurant chain Checkers kept sending advertising texts after they attempted to unsubscribe.

  • September 18, 2019

    Judge OKs $3M Fee Bid In BNY Mellon Settlement

    A Massachusetts federal judge has approved a $3.33 million attorney fee for class counsel in a $10 million settlement with Bank of New York Mellon Corp. over alleged excessive charges, although it remained unclear whether the lead plaintiff's personal lawyer would get a cut.

  • September 18, 2019

    9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

    The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

  • September 18, 2019

    White House Dem Hopefuls Raise Pharma Deal Worries

    Nine Senate Democrats, including five running for president, have urged the Federal Trade Commission to look closely at the potential impacts on consumers from consolidation in the drug industry — namely the planned blockbuster mergers between AbbVie and Allergan and Bristol-Myers Squibb and Celgene.

  • September 18, 2019

    Plaintiffs In Tire Plant Suit Sanctioned For Discovery Failures

    An Oklahoma federal judge said a group of property owners and their lawyers who lodged a chemical contamination suit against Michelin North America and B.F. Goodrich Company have “ignored” discovery duties and will be sanctioned.

  • September 17, 2019

    Feds Won't Defend CFPB's Structure At High Court

    The federal government on Tuesday urged the U.S. Supreme Court to review the Consumer Financial Protection Bureau's leadership structure, saying even the agency's head now agrees that a restriction limiting the president's ability to fire her is unconstitutional.

  • September 17, 2019

    Apple Buyers Win Class Cert. Over Refurbished iPhone Parts

    A California federal judge on Tuesday granted class certification to Apple customers who accuse the tech giant of improperly replacing their broken iPhones and iPads with refurbished parts under a misleading warranty, denying the company's attempt to secure an early win.

  • September 17, 2019

    Internet Of Things Security Bill Would Cost $35M, CBO Says

    Proposed legislation that would establish mandatory security standards for internet-connected devices purchased by the federal government would cost about $35 million to roll out over five years, according to the Congressional Budget Office.

  • September 17, 2019

    TurboTax Says Rival Santa Clara, LA Lawsuits ‘Untenable’

    A Los Angeles Superior Court judge said Tuesday that he might abstain from hearing a complaint by the city of Los Angeles accusing the makers of TurboTax of tricking low-income taxpayers into buying tax preparation products, and a lawyer for the company said judgment in it and a similar lawsuit could lead to an "untenable" outcome.

  • September 17, 2019

    House To Vote On Limits To Mandatory Arbitration Clauses

    The U.S. House of Representatives is set to vote this week on a proposal to block companies from making workers, consumers and others sign away their right to sue, targeting the mandatory arbitration agreements that businesses have increasingly used to limit their legal exposure.

  • September 17, 2019

    Amazon Wants Privacy Battle Over Alexa Sent To Arbitration

    Amazon has told a Washington federal judge that suits alleging its Alexa voice-activated speakers violate state privacy laws belong in arbitration rather than federal court because of the product's conditions of use.

  • September 17, 2019

    Toyoda Hit With Another Price-Fixing Suit In Auto Parts MDL

    Toyoda Gosei was hit with another proposed class action Tuesday, this time accusing it of working to rig the price of brake hoses, the latest suit in a multidistrict litigation that has already seen the Japanese auto parts manufacturer spend more than $50 million to settle claims.

  • September 17, 2019

    Comcast Duped Utahns With Bogus ‘Lifetime’ Deal, Suit Says

    To keep Utah customers from fleeing to Google's newly rolled out fiber services, Comcast baited them with bogus "lifetime" price-lock contracts, only to later renege on the promises and bump up prices, according to a potential class suit that landed in Utah federal court.

  • September 17, 2019

    CFTC Alleges Man Made $10M In Binary Options Fraud

    The U.S. Commodity Futures Trading Commission on Tuesday filed suit against a man it claims fraudulently took at least $10 million in a binary options trading scheme on commodities and foreign currencies.

  • September 17, 2019

    Raymond James Settles SEC's Improper Fee Claims For $15M

    Raymond James Financial will pay $15 million to settle claims that its subsidiaries charged improper fees and excessive commissions, the ​​​​​U.S. Securities and Exchange Commission said Tuesday.

  • September 17, 2019

    Chamber Backs 9th Circ. Review Of Facebook Privacy Suit

    The U.S. Chamber of Commerce, think tank TechFreedom and internet industry lobby group the Internet Association have thrown their support behind Facebook’s bid to overturn a Ninth Circuit ruling that revived a class action challenging its face-scanning practices in amicus briefs.

  • September 17, 2019

    CFPB Eyes 'Tech Sprints' To Promote Regulatory Innovation

    The Consumer Financial Protection Bureau invited the public Tuesday to submit ideas for how it can use a practice known as "tech sprints" to spur regulatory innovation and collaborate better with industry stakeholders on compliance challenges.

  • September 17, 2019

    Bondholder Says VW Can't Use New Evidence To Sink Suit

    The pension fund suing Volkswagen for concealing an emissions-cheating scandal from its bondholders told a California federal judge Monday that the automaker improperly introduced evidence last week as part of its attempt to fend off the proposed class action.

  • September 17, 2019

    Nestle Ducks Suit Over Trans Fat In Creamer, For Now

    A California federal judge dismissed a proposed class suit accusing Nestle and several retailers of deceiving customers into buying a coffee creamer that includes a source of trans fat, saying the consumer behind the suit didn't put forward enough specifics to support his allegations.

  • September 17, 2019

    Weil Was Upfront About Repping Insys In Ch. 11, Atty Says

    Weil Gotshal & Manges LLP was upfront with a former Insys Therapeutics Inc. executive when the firm was also called upon to represent his former company in bankruptcy proceedings, a firm partner said Monday in an affidavit, pushing back on the executive's claim that he was in the dark about the potential conflict.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Outsourcing Facilities Face Rising Drug Compounding Risks

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    Recent actions by the U.S. Food and Drug Administration and lawsuits filed by drug manufacturers indicate that it is more important than ever for outsourcing facilities to comply with FDA policies regarding bulk drug substances allowed for use in compounding, say attorneys at Ropes & Gray.

  • Dorian Update: How State Laws Protect Service Members

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    In the wake of Hurricane Dorian's devastation, creditors should take note of the laws Florida, Georgia and the Carolinas have in place to protect members of the National Guard called to service as part of response efforts, say attorneys at Buckley.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

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    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Utah Blazes Trail With Law Shielding Data From Gov't Search

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    Utah's recently enacted Electronic Information or Data Privacy Act and other states' laws that follow it will change long-standing practices in how companies that collect or store users’ personal data respond to law enforcement requests, say attorneys at Baker Botts.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • How Amendments Changed The Calif. Consumer Privacy Act

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    Friday was the final day to pass amendments to the California Consumer Privacy Act, and the most notable changes for businesses are addition of limited exemptions for the personal information of employees and business-to-business contacts as well as changes to the definition of personal information, say attorneys at Husch Blackwell.

  • CFPB Remittance Rule Fine Spotlights Cash-Transfer Conduct

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    The U.S. Consumer Financial Protection Bureau's first-ever enforcement action for violations of the law governing money-transfer services offers a good reminder of these businesses' compliance obligations, including the option to self-report, say Kara Kuchar and Donald Mosher at Schulte Roth.

  • Calif. Privacy Law Could Alter Litigation Risks Nationwide

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    Perhaps the greatest challenge to businesses covered by the California Consumer Privacy Act is that the CCPA creates a private right of action, with substantial statutory damages, a change that will likely reset data breach litigation risks in California as well as the rest of the country, say attorneys at Alston & Bird.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • FDCPA Takeaways From 3rd Circ. QR Code Opinion

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    The Third Circuit's decision in DiNaples v. MRS BPO that a debt collection letter with a QR code on the envelope violated the Fair Debt Collection Practices Act may seem straightforward, but the opinion sheds light on how two common FDCPA defense tools remain somewhat viable, say Jason Tompkins and Jonathan Hoffmann at Balch & Bingham.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Nevada Spousal Credit Sharing May Conflict With Federal Law

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    A new law in Nevada that allows borrowers to use their spouse’s credit history attempts to expand access to credit, but may be at odds with the Equal Credit Opportunity Act and Regulation B's anti-discrimination provisions, as well as the Fair Credit Reporting Act's permissible purposes for obtaining credit reports, say attorneys at Buckley.

  • YouTube Fine Showcases Expanded Enforcement Of COPPA

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    As demonstrated by the recent record fines issued to Google and YouTube by the Federal Trade Commission and New York attorney general, the Children’s Online Privacy Protection Act is finding momentum among both federal and state regulators amid growing concerns about data privacy, say attorneys at Brownstein Hyatt.