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Consumer Protection

  • September 18, 2018

    Monsanto Fights To Get $289M Verdict Tossed Or A New Trial

    Bayer AG-acquired Monsanto asked a California court Tuesday to set aside a $289 million jury verdict for a man who said its Roundup weed killer caused his cancer, arguing there wasn’t enough evidence to support his claims and asking the court for a ruling in its favor or a new trial.

  • September 18, 2018

    Flyers Can Refile Venezuelan Airline 'Exit Fees' Suit In Fla.

    A Florida federal judge dismissed a putative class action Tuesday against Venezuelan airline Avior Airlines CA over surprise “exit fees” it allegedly required passengers to pay before letting them board flights at Miami International Airport, but gave the consumers a chance to refile after accepting a finding that the Florida court has jurisdiction. 

  • September 18, 2018

    Ban On Prescription Drug 'Gag Clauses' Clears Senate

    The U.S. Senate has passed a piece of bipartisan legislation designed to bar the practice of hiding lower prescription drug costs from patients, the authors of the bill announced Monday.

  • September 18, 2018

    Dems Want Calif. Net Neutrality Bill Signed Despite Pai

    Democrats are urging California Gov. Jerry Brown to sign what is considered the nation's toughest net neutrality law after FCC Chairman Ajit Pai dragged the legislation as “a radical, anti-consumer” measure.

  • September 18, 2018

    American To Settle Trip Insurance Row As Rivals Face Claims

    American Airlines Inc. has reached an agreement in principal for a class settlement in a suit over its relationship with a third-party travel insurance agency, and JetBlue Airways Corp. and Delta Air Lines Inc. now also face similar suits, according to federal court records.

  • September 18, 2018

    Dunkin' Donuts Escapes Angus Steak Deception Suit

    A New York federal judge Monday dismissed a putative class action by Dunkin’ Donuts customers alleging that the chain’s Angus steaks are misleadingly advertised because they are ground meat rather than a single cut of meat, finding that television advertisements make that fact clear.

  • September 18, 2018

    7th Circ. Has Chance To Cut Off 'Mootness Fee' Merger Cases

    Against a backdrop of near-constant shareholder litigation challenging mergers, the Seventh Circuit is the first federal circuit that’s been asked to stop a burgeoning litigation strategy among plaintiffs attorneys that some view as extortion of the merging companies and their shareholders.

  • September 18, 2018

    Dunkin' Donuts Wants 'Fake Blueberry' Doughnut Suit Tossed

    Dunkin' Donuts on Monday asked an Illinois federal judge to toss a suit alleging that the chain misled customers about its artificially flavored blueberry doughnuts, saying the customer leading the suit can't prove he overpaid for his sweet treat.

  • September 18, 2018

    Credit Report Schemers Won't Win $5.2M Ruling Appeal: FTC

    The Federal Trade Commission blasted a request that an Illinois federal court hold off on enforcing a permanent injunction against a business and its owner while they appeal a $5.2 million judgment over claims that they tricked consumers into enrolling in costly credit monitoring, arguing that their challenge likely won’t succeed.

  • September 18, 2018

    Industry, Consumers Face Off Over FCC High-Speed Bar

    The Federal Communications Commission’s annual assessment of nationwide broadband access is just getting underway, but already industry players and consumer groups are divided over whether the commission should raise the bar for what qualifies as high-speed internet service.

  • September 18, 2018

    Calif. AG Blasts Tribal Biz's Challenge To Tobacco Taxes

    California's attorney general urged a federal court to dismiss a business entity of the Big Sandy Rancheria Band of Western Mono Indians' challenge to certain state taxes linked to the sale of tobacco products, saying the tribal entity is not exempt from the taxes.

  • September 18, 2018

    Drivers Say BMW, Bosch Can't Halt Emissions-Cheating Suit

    Car buyers have told a New Jersey federal judge that BMW of North America LLC and auto parts manufacturer Robert Bosch LLC can't duck allegations that they installed software to cheat emissions testing in diesel model vehicles, saying courts considering similar claims against the likes of Volkswagen AG have held that the conduct is fraud.

  • September 17, 2018

    Judge Boots $1.6M Neiman Marcus Breach Deal And Class

    An Illinois federal judge Monday decertified a consumer class and declined final approval of its $1.6 million deal with Neiman Marcus Group LLC that would have ended an action over credit card data that was exposed in a 2013 breach, finding conflicts between class members.

  • September 17, 2018

    Consumers Seek Cert. In 'Rent-A-Tribe' Usurious Loan Suit

    A proposed class of consumers accusing an online lender tied to a Michigan tribe of issuing loans with unreasonably high interest rates urged a Virginia federal court Friday to grant their bid for certification, saying a class action is the best way to handle their claims.

  • September 17, 2018

    Ex-Equifax Exec Should Face Insider Trading Charges: Judge

    A Georgia magistrate judge recommended keeping alive two insider trading charges against a former Equifax Inc. executive accused of selling shares of the company before news of a massive hack broke last year, saying Monday that both charges are different and detailed enough to survive a dismissal bid.

  • September 17, 2018

    Calif. Starts Ball Rolling With Novel Internet Of Things Law

    California is poised to become the first state to enact rules mandating security features for internet-connected devices, marking a modest first step in what is likely to be a flurry of activity in the coming years to more tightly regulate emerging technologies at the state and federal levels, experts say.

  • September 17, 2018

    Mercedes-Benz Says It Isn't Liable For Defects In Used Cars

    Mercedes-Benz USA has asked a California federal judge to dismiss a proposed consumer class action alleging the company sold them cars with faulty transmissions, with the automaker arguing it can hardly be held responsible when the drivers bought their cars used, fourth-hand and not from Mercedes-Benz dealerships.

  • September 17, 2018

    NSA Must Give Up Info In Olympics Spy Suit, Attendees Say

    A group of 2002 Winter Olympics attendees who claim they were spied on by the U.S. National Security Agency asked a Utah federal court to compel the agency to respond to their discovery requests, saying the NSA is hiding behind invalid state secret objections.

  • September 17, 2018

    Ulta Shoppers Say Risk Of Buying Used Makeup Justifies Suit

    A proposed class of Ulta Beauty Inc. customers told an Illinois federal judge to reject the makeup retailer’s bid to dismiss their claims the company sold used products, arguing in part that misleading customers about what they were buying is enough to establish standing.

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

Expert Analysis

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • NY Revives Fair Lending Risks For Indirect Auto Lenders

    Melanie Brody

    The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.

  • Hurricane Florence: How State Laws Protect Service Members

    Jeffrey Naimon

    As the southeastern United States braces for Hurricane Florence, the governors of several states have authorized National Guard response efforts. Creditors can do their part by being aware of the laws protecting military service members, say attorneys with Buckley Sandler LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • LED Bulb Case Shines Light On FTC Enforcement

    Terri Seligman

    Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • 2 Courts Accept Contract Terms That Limit TCPA Exposure

    Meredith Slawe

    No other appellate court has followed the Second Circuit's Telephone Consumer Protection Act decision in Reyes. However, two district courts within the Eleventh Circuit recently did — holding that consent to be contacted cannot be unilaterally revoked where such consent was obtained in a bargained-for contract, say attorneys with Akin Gump Strauss Hauer & Feld LLP.