Consumer Protection

  • April 12, 2021

    Three Firms Tapped To Lead Robinhood Order Flow Suits

    A California federal judge Monday consolidated five putative class actions from Robinhood users over the alleged failure to disclose the processes of payment for order flow, appointing Ahdoot & Wolfson PC, Bursor & Fisher PA and Liddle & Dubin PC as lead counsel.

  • April 12, 2021

    9th Circ. Doubts NSO's Immunity Defense In WhatsApp Suit

    A Ninth Circuit panel appeared skeptical Monday of Israeli spyware company NSO Group's argument that sovereign immunity protects it from Facebook's lawsuit over hacks to subsidiary WhatsApp, with two judges pointing out the lack of case law to support NSO's position and a third judge saying the case should go to discovery.

  • April 12, 2021

    False Ad Suit Against Stem Cell Clinic Back In Ga. State Court

    A Georgia federal judge on Monday returned to state court a lawsuit alleging false representations by a stem cell clinic, saying there wasn't a federal statute in question in the case brought by the Georgia attorney general.

  • April 12, 2021

    Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

    Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine.

  • April 12, 2021

    3rd Circ. Won't Revive Suit Over Debt Collection Letter

    The Third Circuit shot down a consumer's bid to revive a proposed class action alleging Collecto Inc. falsely suggested a debt could increase by itemizing the balance to include "$0.00" in interest and fees in a collection letter, ruling in a precedential opinion Monday that such representations are not misleading. 

  • April 12, 2021

    T-Mobile Says Dish To Blame For 3G Shutdown Threat

    T-Mobile is combating assertions that it's trying to "prematurely" kick Boost Mobile subscribers off its 3G network, telling the Federal Communications Commission that its network transition plan is firmly in line with prior merger commitments.

  • April 12, 2021

    Seila Law Says Full 9th Circ. Should Reject CFPB Ratification

    California law firm Seila Law LLC has urged the full Ninth Circuit to step in and "correct" a panel decision from late last year that upheld a Consumer Financial Protection Bureau civil investigative demand against the firm after the U.S. Supreme Court ruled the agency was unconstitutionally structured.

  • April 12, 2021

    Invisalign Maker Must Face Dentists' Antitrust Claims

    A California federal judge has refused to let Align Technology Inc. duck claims from two dental practices that the Invisalign maker violated antitrust laws by taking over the market for clear aligners and the mouth scanners used to make them.

  • April 12, 2021

    Chase Agrees To Pay $11.5M To End Escrow Interest Suit

    JPMorgan Chase Bank NA has agreed to pay $11.5 million to end a proposed class of homeowners' claims that the bank failed to pay interest on funds held in escrow for mortgages as required by certain state laws, which, if approved, would end the suit in federal court on Long Island.

  • April 12, 2021

    Clearview MDL Judge Urged To Block Ill. AI Data Collection

    Illinois residents suing Clearview AI over alleged violations of the Biometric Information Privacy Act have urged the judge overseeing their multidistrict litigation to block the facial recognition company from continuing to collect and profit from their information, saying the court can't buy Clearview's claims of self-reform.

  • April 12, 2021

    Whole Foods' Flavored Sparkling Water Lacks Fruit, Suit Says

    Whole Foods' sparkling water bottles are splashed with a photo of fruit, but the product misleads customers because it doesn't actually contain an appreciable amount of lemons and raspberries, according to a proposed class action filed in New York federal court.

  • April 12, 2021

    Bayer Sued Over Flea And Tick Collars Tied To Pet Deaths

    Bayer Healthcare LLC has been hit with a proposed class suit in Florida accusing the pharmaceutical company of knowingly making and selling a flea and tick collar for pets that has led to death and injury in animals without warning consumers of the potential dangers.

  • April 12, 2021

    Apple Says Not Naming Third-Party Witnesses Was Epic Fail

    Apple has urged a California federal judge to block Epic Games from calling three witnesses in an upcoming antitrust trial unless they hand over troves of documents, saying Epic caused a "procedural Catch-22" by not disclosing their names in earlier discovery.

  • April 12, 2021

    Norwegian Cruise Line Escapes Investors' Virus Fraud Suit

    A Florida federal judge on Monday tossed a proposed class action alleging Norwegian Cruise Lines ran a "top-down" deceptive sales campaign downplaying the pandemic to stave off revenue losses, finding that the investors who filed suit did not show the company made material misrepresentations.

  • April 09, 2021

    Senators Call For Apple Rep At Planned App Store Hearing

    U.S. Senators Amy Klobuchar and Mike Lee sent a letter Friday to Apple CEO Tim Cook urging him to provide a witness to testify at the Senate antitrust subcommittee hearing related to competition concerns over mobile app stores.

  • April 09, 2021

    Biden Looks To Up Cybersecurity Spending With Budget Plan

    The Biden administration on Friday urged Congress to set aside more than $1.3 billion in funds to bolster the federal government's cybersecurity posture in the wake of a pair of massive cyberattacks suspected to have been orchestrated by foreign nation-states, including a requested $110 million boost for the U.S. Department of Homeland Security agency tasked with leading these efforts. 

  • April 09, 2021

    Colo. Restaurant Resists Ill. Group's Entry In GrubHub Row

    Restaurants suing GrubHub for false advertising in Colorado federal court have joined the food delivery giant in opposing a bid by eateries in an Illinois suit to get in on a proposed settlement, saying they can state their case later if the deal wins approval.

  • April 09, 2021

    Pa. Inks $3M Deal With Ex-Fintech CEO Over Payday Loans

    The former head of since-dissolved lender Think Finance has reached a $3 million deal with the state of Pennsylvania to end claims that he helped the company get around limits on interest rates in order to dole out illegal payday loans.

  • April 09, 2021

    Marketers Say FTC's $43M Scam Suit Is Devoid Of Facts

    A group of telemarketers told a Georgia federal judge that the Federal Trade Commission's $43 million case against them over payday loans and a discount club is "riddled with deficiencies" and based on unreliable and inadmissible consumer complaints rather than facts.

  • April 09, 2021

    Insurer Says Military Bias Suit Would Upend Gov't-OKed Rates

    An insurer that offers services to military members slammed claims that it discriminated against service members by charging them higher rates than officers, telling a California federal court that a proposed class action threatens its government-approved process of 30 years.

  • April 09, 2021

    NFL Moves To Sack Suit Over Super Bowl Livestream Crash

    The National Football League told a New York federal judge that it is not liable for claims from international fans whose livestreams crashed during the 2020 Super Bowl because they bought their subscriptions from third parties.

  • April 09, 2021

    Fla. Kombucha Co. Looks To Nix Suit Over Alcohol Content

    A Florida-based kombucha maker has argued that consumers who brought a proposed class action alleging its beverages contain more alcohol than advertised on labels have failed to show that a federal court has authority to hear the case.

  • April 09, 2021

    Guard's Union Past Dooms Privacy Suit, Data Co. Says

    A former security officer's previous union membership prevents her from suing a data management company over its collection of fingerprint information, the company has told an Illinois federal judge, arguing that the case is preempted by federal labor law because it would involve the interpretation of a labor contract.

  • April 09, 2021

    Life Insurer Accused Of Unlawful Premium Collection

    Standard Insurance Co. illegally collected premiums from Colorado state and local government employees for unapproved additional life insurance coverage then denied the coverage to beneficiaries, a proposed class claimed in federal court.

  • April 09, 2021

    Departing Attys Taking Files Can Break Law, Mass. Court Says

    Massachusetts' top court ruled Friday that attorneys who smuggle client files out the door to start a new firm can be held liable for deceptive business practices, even if they were still employed by their old firm at the time.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Consumer Protection Takeaways From ABA Antitrust Meeting

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    During the recent Antitrust Law Spring Meeting, the American Bar Association's panels evaluated how antitrust and consumer protection fit into broader social and political issues, and revealed how that perspective might inform enforcement, litigation and consumer education in the future, say Patrick Thompson and Kevin Schock at Perkins Coie.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Key Takeaways From FDA Warnings To CBD Cos.

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    Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

  • Rebuttal

    Circuit Split On Class Action Ascertainability Is Disappearing

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    While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • FDA Letters Suggest Scrutiny Of Virus And Vaping Products

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    The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Opinion

    Why CFPB's Disposal Of Supervisory Tool Is Problematic

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    The Consumer Financial Protection Bureau’s recent elimination of supervisory recommendations that provide financial institutions feedback on compliance deficiencies is concerning and suggests the CFPB is clearing away obstacles to its discretion to invent, as well as enforce, the law, say Eric Mogilnicki and Jeremy Newell at Covington.

  • Alcohol Taxation Provides Good Model For Cannabis Taxes

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    Although the alcohol taxation system isn't perfect, it could serve as a useful template for cannabis taxation with a three-tier licensing scheme and tax rates based on potency, says Louis Terminello at Greenspoon Marder.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Defense Options After Calif. High Court Call-Recording Ruling

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    Despite the California Supreme Court's recent ruling in Smith v. LoanMe that both parties and nonparties must get consent from everyone in cellular or cordless phone conversations before making recordings, defendants still have multiple means of successfully defeating suits for recording without consent, say attorneys at Akin Gump.

  • Online Accessibility Bill Needs Clearer Compliance Standards

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    A U.S. House bill establishing guidelines for making websites accessible for disabled users is meant to slow down a torrent of lawsuits filed against companies over their sites' alleged noncompliance with the Americans With Disabilities Act — but the legislation's lack of clear standards makes it unlikely to stop the litigation, say attorneys at Dentons.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

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