Consumer Protection

Expert Analysis

• The Coming Storm Of Biometric Privacy Laws: How To Comply

  

  To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

• Opinion

  ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

  

  A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

• The Coming Storm Of Biometric Privacy Laws: What To Expect

  

  While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

• Kellogg's Deal Highlights Sugar Focus In Label Class Actions

  

  A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

• How Food Label Class Actions Fare In Calif. Vs. NY

  

  While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

• Texas Could Take Page From Mass.'s Judicial Selection Book

  

  As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

• Genetic Testing Gold Rush Gives Rise To Fraud Allegations

  

  As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

• Series

  Judging A Book: McKeown Reviews 'Conversations With RBG'

  

  Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

• German Report May Be Road Map For Future AI Regulation

  

  A recent report from Germany’s Data Ethics Commission suggests a legal future for artificial intelligence that may look a lot like the European Union’s General Data Protection Regulation — sweeping in scope, focused on individual rights and corporate accountability, and applicable across all industries, say attorneys at Debevoise.

• FCRA Ruling Offers Defense For Hypertechnical Claims

  

  A Virginia federal court’s recent decision in Frazier v. First Advantage Background Services provides compelling grounds to challenge claims that attempt to blur the Fair Credit Reporting Act’s technical requirements that distinguish between consumer reporting agencies and the users of their reports in the hiring context, say attorneys at Troutman Sanders.

• What Challenges To OCC Charter Mean For Fintech Cos.

  

  As cases challenging the Office of the Comptroller of the Currency's proposed national bank charter for fintech companies play out in the Southern District of New York and the District of Columbia, businesses may consider alternative options to access the U.S. banking system, say Pratin Vallabhaneni and Margaux Curie at White & Case.

• Teaching Witnesses To Avoid Cross-Examination Traps

  

  It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

• Calif. Privacy Law Compliance Strategies For Health Care Cos.

  

  To address the California Consumer Privacy Act’s two-part health care exception, which leaves large gaps of uncertainty for many next-generation health care companies, there are several compliance steps that can be used to assess the applicability of the CCPA, says Ryan Blaney of Proskauer.

• AI Bill Emphasizes Transparency And Consumer Control

  

  The Filter Bubble Transparency Act introduced in the Senate last month is the latest of growing congressional efforts to regulate artificial intelligence, and the first substantive federal bill aimed at curbing companies' algorithmic control of content on internet platforms, say Adam Aft and Yoon Chae of Baker McKenzie.

• 2 FTC Cases Take A Stand Against Online Endorsement Fraud

  

  Businesses involved in e-commerce should take careful note of the Federal Trade Commission's recent cases against Sunday Riley Modern Skincare and Devumi, because until now consumer protection agencies have struggled to govern fake reviews and false indicators of brand value online, says Brad Elbein at Culhane Meadows.