Consumer Protection

  • June 28, 2022

    CFPB Urged To Scrap Anti-Bias Revamp Of Exam Manual

    Major banking trade groups and the U.S. Chamber of Commerce called Tuesday for the Consumer Financial Protection Bureau to scrap new examination policies that broaden the scope of the agency's anti-discrimination policing, hinting at a potential for legal action if the agency doesn't reverse course.  

  • June 28, 2022

    China Accused Of Influence Campaign Targeting Mining Cos.

    Chinese state actors posed as local residents in Texas and Oklahoma as part of an unsuccessful influence campaign targeting rare-earths mining giants that compete with Chinese companies, the cybersecurity firm Mandiant said Tuesday.

  • June 28, 2022

    FTC Claims Walmart Facilitated $197M Money Transfer Fraud

    The Federal Trade Commission sued Walmart in Illinois federal court on Tuesday, claiming the retail giant allowed its money transfer services to be used by fraudsters who cheated customers out of hundreds of millions of dollars.

  • June 28, 2022

    Wells Fargo Escapes Suit Over Alleged Zelle Scams, For Now

    A Seattle resident who filed a class action suit accusing Wells Fargo and Zelle of failing to protect customers from scammers, who can use Zelle's mobile payment app to potentially steal thousands of dollars from accounts, has dropped his claims.

  • June 28, 2022

    Google, Apple Want Consumer Search Conspiracy Suit Gone

    Google and Apple are fighting to toss a consumer suit from the same attorneys, and with virtually identical allegations, as a Google Search advertiser accusing Google of paying Apple not to produce its own search engine, arguing that the consumers in the latest case can't show harm from using a free product.

  • June 28, 2022

    Tribal Lending Biz's RICO Claims Are Overblown, Fintech Says

    A Lac Courte Oreilles Band of Lake Superior Chippewa Indians company is trying to turn a dispute with a fintech partner into a RICO claim when it's really just a "garden variety" contract dispute, the fintech told a Wisconsin federal court Tuesday.

  • June 28, 2022

    Calif. Court Tosses LG Exploding Battery Suit

    A San Diego man who suffered burns after a battery he used for vaping exploded in his pocket can't sue the manufacturer, a subsidiary of LG Corp., a California state appeals court ruled, saying the maker tried to prevent him from buying it.

  • June 28, 2022

    CFPB Says States Can Write Stricter Credit Reporting Laws

    The Consumer Financial Protection Bureau said Tuesday that states can enact tougher credit reporting restrictions than are provided for under federal law, endorsing a limited federal preemption view favored by consumer advocates.

  • June 28, 2022

    DraftKings' Site Inaccessible To Visually Impaired, Suit Says

    DraftKings Inc. was hit with a lawsuit Tuesday alleging the sports betting giant is violating the Americans with Disabilities Act because its website is inaccessible to blind individuals.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Fla. Consumer Tells Jury Experian Ran Afoul Of FCRA

    A Florida consumer whose Experian credit report falsely stated he was delinquent on a mortgage told jurors Monday that the credit reporting giant failed in its statutory duty under the Fair Credit Reporting Act to ensure "maximum possible accuracy" of the information in its reports.

  • June 27, 2022

    Ga. Judges Say Dietary Supplement Label Suit Is FDA Issue

    A plaintiff can't pursue his deceptive product labeling case against a Georgia dietary supplement maker because it deals with unanswered questions under the Food and Drug Administration's purview, the Georgia Court of Appeals has held.

  • June 27, 2022

    Balwani's Trial Features Tears, Tension And Holmes' Shadow

    On the heels of ex-Theranos CEO Elizabeth Holmes' high-profile trial and conviction, former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial has had its own memorable moments, from contentious exchanges between defense counsel and the judge to emotional witness testimony.

  • June 27, 2022

    McDonald's Customer Sues Over Mobile App's Payment Glitch

    McDonald's got hit Friday with a proposed class suit seeking refunds for customers who've allegedly had to pay for their orders twice because of a glitch in the company's mobile app that can prevent their card payments from reaching its stores.

  • June 27, 2022

    Google Fights App Users' Class Cert. Bid In Antitrust Row

    A month after announcing a settlement to resolve app developers' antitrust claims, Google wants to escape allegations that its policies inflate the cost of apps on its Play Store, accusing a group of consumers seeking class certification of "misconstruing evidence and brushing aside competitive realities."

  • June 27, 2022

    Cable Group Wants Retransmission Conditions On Tegna Deal

    A major cable TV trade group has called on the Federal Communications Commission to prevent Tegna's potential new owners from wielding too much leverage in broadcast retransmission talks if their proposed $8.6 billion takeover of the broadcasting giant succeeds.

  • June 27, 2022

    Nautilus' $7M Class Deal Over Treadmill Speeds Gets Final OK

    An Ohio federal judge on Monday gave the final OK to a class-action settlement worth $7 million – which includes a seven-figure attorneys' fee award – against fitness equipment maker Nautilus Inc. over claims the company sold treadmills with weaker-than-advertised horsepower.

  • June 27, 2022

    Aon Failed Customers In Yearlong Data Breach, Suit Claims

    Aon Corp. was hit with a proposed class action lawsuit in Illinois state court claiming hackers had access to consumers' personal information for more than a year before the global insurer discovered its data was breached and offered only meager identity protection services to those affected.

  • June 27, 2022

    Ex-Consumer Financial Protection Bureau Atty Joins Orrick

    A former senior policy and strategy counsel with the Consumer Financial Protection Bureau's Office of Enforcement has moved to Orrick Herrington & Sutcliffe LLP after a brief stint with O'Melveny & Myers LLP.

  • June 24, 2022

    Calif. Bank & Trust To Pay $14M To End Claims It Aided Scam

    California Bank & Trust has agreed to pay $14 million to end a putative class action accusing the bank of assisting a Ponzi scheme, the scam's victims said in a bid for preliminary approval of the settlement filed in California federal court Friday.

  • June 24, 2022

    Dems Call For FTC Probe Of Mobile Tracking By Apple, Google

    Four members of Congress on Friday urged the Federal Trade Commission to investigate how Apple and Google track mobile phone users, saying they're particularly concerned about third parties' ability to access this location data in the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade.  

  • June 24, 2022

    Joint Juice Slams 'Staggering' $141M Ask For False Ad Verdict

    The maker of Joint Juice drink products on Thursday tore into consumers' request for $141.5 million in damages after a jury found the company misled consumers about the drinks' health benefits, calling it a "staggering amount" that's contrary to the facts of the case and the law.

  • June 24, 2022

    DOJ Approves Dish And T-Mobile's Network Shutdown Deal

    The U.S. Department of Justice has signed off on an agreement between T-Mobile and Dish that updates the terms related to Dish's use of the telecommunications giant's wireless network, the companies indicated in Thursday filings with the U.S. Securities and Exchange Commission.

  • June 24, 2022

    Stronger Rules Needed After 'Meme Stock' Frenzy, Dems Say

    House Democrats on Friday called for tighter regulations around how broker-dealers manage liquidity, saying that shortfalls in this area contributed to last year's "meme stock" turmoil.

Expert Analysis

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • A Robust Tool For Defending Against Illinois Biometric Suits

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    Many defendants in class actions brought under the Illinois Biometric Information Privacy Act may be able to avail themselves of the law's financial institution exemption, which, as two recent cases demonstrate, covers a range of entities beyond traditional banks — but parties must be able to establish their entitlement to this defense, says David Oberly at Squire Patton.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Senate Bill Could Be A Sea Change For Crypto Regulation

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    The recently introduced Responsible Financial Innovation Act, if passed, would transform the digital asset landscape by replacing the U.S. Securities and Exchange Commission as cryptocurrency's default regulator, and by shifting oversight away from the current regulatory framework and legal standard for the space, say attorneys at Brownstein Hyatt.

  • Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

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    Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

  • Takeaways From 1st Circ.'s Tribal Sovereign Immunity Ruling

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    The First Circuit's recent decision in Coughlin v. Lac du Flambeau, finding that the U.S. Bankruptcy Code unequivocally strips tribes of their sovereign immunity, disregards extensive case law to the contrary and may make it easier for litigants to pursue claims against tribes under laws with similar immunity waivers, say attorneys at Brownstein Hyatt.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

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