Consumer Protection

  • August 07, 2020

    9th Circ. Won't Pause Facebook Wiretap Order For High Court

    Facebook can't pause a Ninth Circuit decision reviving claims that it unlawfully intercepted logged-out users' browsing histories while the social media giant appeals the issue to the U.S. Supreme Court, the federal appellate court ruled Friday.

  • August 07, 2020

    Macy's Hit With Ill. Privacy Suit For Using Clearview Database

    Macy's Retail Holdings Inc. is facing a proposed class action in Illinois federal court accusing it of violating the state's biometric privacy law by partnering with embattled tech company Clearview AI to use facial recognition software to identify shoppers on the retailer's security cameras.

  • August 07, 2020

    Google Home Users Say Gadgets Record Without Permission

    Google was hit with a class action on Friday in California federal court accusing the tech giant of configuring its voice-activated Google Home devices to deliberately record conversations and audio events throughout users' homes, despite its promises to the contrary.

  • August 07, 2020

    Broadband Scarcity Looms Over Virtual School Year

    As school districts hammer out plans to hold fall classes partially or fully online, educators and regulators are scrambling to get as many students connected to the internet as possible, highlighting the ongoing connectivity divide that threatens to further disadvantage low-income and rural learners.

  • August 07, 2020

    Pot Co. Wants Case Paused Until Justices' Autodial Decision

    A California cannabis hydroponics supplier has asked a federal judge to stay a proposed class action accusing it of spamming customers with texts because the Supreme Court's forthcoming ruling in Facebook v. Duguid may have bearing on the case, to which the plaintiff has shot back in opposition.

  • August 07, 2020

    4th Circ. Sends TCPA Claims Against DirecTV To Arbitration

    The Fourth Circuit said Friday that a West Virginia woman must arbitrate claims that DirecTV violated the Telephone Consumer Protection Act because she is bound by a contract she signed with AT&T before it acquired the satellite TV provider.

  • August 07, 2020

    Attys Request $20.8M After Chase Servicemembers Settlement

    A three-firm team of attorneys who reached a $62 million settlement with Chase bank on behalf of a class of servicemembers on Thursday asked a North Carolina federal judge to approve a $20.8 million sum to cover the class counsel's fees and costs in the matter.

  • August 07, 2020

    Soldier Can't Sue Over Car Financing, Court Told

    Car financing company United Auto Credit Corp. urged a California federal court to permanently toss a soldier's Military Lending Act claims that it failed to properly disclose certain costs and fees, arguing Thursday the financing contract is not subject to the law.

  • August 07, 2020

    Fiat Chrysler Drivers' Jeep Engine Defect Suits Joined In Mich.

    A Michigan federal court has consolidated nine proposed consumer class actions accusing Fiat Chrysler of knowingly selling Jeep vehicles with dangerously defective engines that sucked up excessive amounts of oil, resulting in premature wear and catastrophic engine failure.

  • August 07, 2020

    Ulta Beats Certification Bid In Shoppers' Used-Makeup Suit

    An Illinois federal judge has refused to certify 15 statewide classes over accusations that Ulta Beauty Inc. unlawfully sold used, repackaged products, saying managers implemented the company's damaged goods reduction policy too differently to create a common question over their claims.

  • August 07, 2020

    Ring Can't Force Arbitration In Security Cam False Ad Suit

    A California federal judge won't let Ring LLC send to arbitration a proposed class action alleging it didn't tell consumers that optional features of its security cameras cost more, saying the buyer didn't agree to the arbitration agreement because he never used the products.

  • August 06, 2020

    Trump Order To Ban 'Transactions' With TikTok Co. In 45 Days

    President Donald Trump signed executive orders Thursday night that could ban all "transactions" with the owners of the popular Chinese short-form video app TikTok and social media platform WeChat, citing national security concerns.

  • August 06, 2020

    Ancestry.com Asks To Arbitrate $250M Auto-Renew Suit

    Ancestry.com is seeking to arbitrate a proposed class action accusing the digital family history service of violating California law by automatically renewing memberships without consumers' permission, saying it's not a matter for a San Diego federal court to wade into.

  • August 06, 2020

    7th Circ. Says Class Objectors Must Repay Side Deals

    Three men who made side deals to end their opposition to a class settlement were "falsely flying the class' colors" to extract money from its deal and should be ordered to return their ill-gotten funds, the Seventh Circuit said Thursday.

  • August 06, 2020

    Counsel For 52 Opt-Out VW Drivers Seek $1.5M In Atty Fees

    Lawyers for 52 Volkswagen drivers asked a California federal judge to sign off on $1.5 million in fees and expenses after they negotiated $2.3 million in settlements to avoid another round of trials involving individual consumers seeking damages from the emissions cheating scandal.

  • August 06, 2020

    7th Circ. Revives Continental Premium-Hike Class Suit

    The Seventh Circuit has remanded a lawyer's insurance premium contract suit against Continental Casualty Co., saying it had "many more questions than we can answer" about which law allowed the insurance company to escape the lawsuit.

  • August 06, 2020

    Senate Clears Bill Banning TikTok From Gov't Devices

    The U.S. Senate passed legislation banning the use of the TikTok video app on government devices Thursday, as lawmakers ratcheted up pressure on Chinese technology firms allegedly tied to China's Communist Party.

  • August 06, 2020

    Dr Pepper Nears Win In 'Natural' Applesauce False Ad Fight

    A California federal judge said Thursday she's inclined to toss a proposed class action alleging a Dr Pepper subsidiary falsely advertises its Mott's applesauce as "natural" when it contains trace levels of pesticides, saying organic products can contain pesticides and it's "highly unlikely" that the FDA would impose stricter limits.

  • August 06, 2020

    Android Users Accuse Google Of Spying To Build Next TikTok

    Google LLC is monitoring Android smartphone users without their knowledge and harvesting their data, which the search giant intends to use to create a competitor to the short-form video app TikTok, according to a putative privacy class action filed in California federal court Wednesday.

  • August 06, 2020

    FCC's Starks Fears Mobile Cos. Still Slacking On Data Privacy

    If AT&T or Verizon had a role in the auctioning off of any of the so-called bidstream data that allowed a consumer data firm to track Black Lives Matter protesters, the Federal Communications Commission's Geoffrey Starks wants to know about it.

  • August 06, 2020

    FCC's Carr Welcomes Input On Trump's Social Media Order

    The only member of the Federal Communications Commission to speak in favor of President Donald Trump's call to crack down on perceived social media bias said Thursday that he's looking forward to hearing public input when his agency takes up the issue.

  • August 06, 2020

    Disney, Viacom Agree To Limit Data Collection In Kids Apps

    Disney, Viacom, Kiloo and several other companies inked settlements Wednesday with parents who accused them in California federal court of selling information surreptitiously culled from children's video games, with the media companies agreeing to limitations on advertising and information gathering that could impact thousands of apps and games.

  • August 06, 2020

    Privacy & Cybersecurity Policy To Watch For Rest Of 2020

    A California ballot initiative that would strengthen the state's landmark consumer privacy law and a general election fight for control of the federal government are set to headline what is expected to be a pivotal end to 2020 in the privacy and cybersecurity policy arena.

  • August 06, 2020

    Retailers Face Uphill Fight For Cert. In Glumetza Price-Fix Suit

    U.S. District Judge William Alsup appeared skeptical on Thursday of a bid to certify a class of retailers who accuse drugmakers of violating antitrust laws by blocking a generic version of the diabetes drug Glumetza, saying he can't "kick the can down the road" and ignore potential proof of harm differences.

  • August 06, 2020

    Mass. Pot Shop Fined For Selling Faulty Vape Cartridges

    A medical marijuana clinic, cultivator and manufacturer has agreed to pay $120,000 after Massachusetts' cannabis regulator investigated it for selling wholesale vape cartridges that failed lab testing for ethanol levels.

Expert Analysis

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    How Biologics Cos. Disparage Biosimilars And How To Stop It

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    Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Opinion

    Recent Decisions Helpfully Narrow TCPA Scope

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    A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • High Court TCPA Case May Curb Robocall Class Actions

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    The U.S. Supreme Court recently granted certiorari in a Telephone Consumer Protection Act case, Facebook v. Duguid, that has the potential to transform the statutory definition of autodialer and make it much more difficult for plaintiffs to prevail in robocall cases, says David Poell at Sheppard Mullin.

  • What Split On Standing Means For Fla. Consumer Claims

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    Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

  • How Contractors Can Reduce Antitrust Risk Amid COVID-19

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    Given coronavirus-related supply chain strains and the U.S. Department of Justice's increased scrutiny of public procurement, government contractors should implement internal controls to prepare for antitrust enforcement inquiries and independent whistleblower claims, say advisers at FTI Consulting and BakerHostetler.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

  • Key Financial Data Security Takeaways From FTC Workshop

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    Attorneys at Perkins Coie analyze major issues raised in the Federal Trade Commission's recent virtual workshop on proposed updates to the Gramm-Leach-Bliley Act’s data security requirements for nonbank financial institutions, as well as perspectives that were not addressed but should be considered before issuing a final rule.

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