Consumer Protection

  • April 01, 2020

    Facebook, Chamber Back Bid To Strike TCPA Autodialer Ban

    Facebook, the U.S. Chamber of Commerce and more than a half-dozen others have joined the push to convince the U.S. Supreme Court to invalidate the Telephone Consumer Protection Act's autodialer ban, arguing that axing the entire speech-abridging provision is the only way to properly remedy First Amendment deficiencies.

  • April 01, 2020

    10x Genomics Reveals Ransomware Attack Amid Pandemic

    Life sciences company 10x Genomics Inc. experienced a data breach and attempted ransomware attack amid the COVID-19 pandemic, the company revealed on Wednesday in a filing with the U.S. Securities and Exchange Commission.

  • April 01, 2020

    CFPB Issues Credit Reporting Guidance Amid Pandemic

    The Consumer Financial Protection Bureau offered guidance Wednesday about how it plans to handle consumer credit reporting oversight during the coronavirus pandemic, saying it will give companies some flexibility on meeting dispute investigation deadlines and won't go after them for telling credit bureaus about payment help given to borrowers. 

  • April 01, 2020

    Fed Agencies Flag Ex-NFLer For Claiming CBD Cures Virus

    A former NFL player's CBD company has received a warning letter from the U.S. Food and Drug Administration and the Federal Trade Commission for allegedly claiming the company's products can treat or cure COVID-19.

  • April 01, 2020

    Microsoft Warns Hospitals Vulnerable To Ransomware Attacks

    Microsoft Corp. said Wednesday that it had warned dozens of hospitals that it believes are particularly vulnerable to being held hostage by ransomware attackers during the COVID-19 crisis.

  • April 01, 2020

    Dems Probe Net Neutrality Repeal's Effect On FCC Oversight

    A pack of Democratic senators called on the head of the Federal Communications Commission on Wednesday to suss out how the agency's controversial net neutrality repeal could hinder public safety, universal access and competition for broadband.

  • April 01, 2020

    Wells Fargo Agrees To Pay $18.5M To End Mortgage Claims

    Wells Fargo has agreed to pay $18.5 million to settle claims that it denied loan modifications to eligible mortgage borrowers, according to a preliminary settlement agreement filed in California federal court.

  • April 01, 2020

    EPA Watchdog Confirms Dramatic Enforcement Drop

    Enforcement activities at the U.S. Environmental Protection Agency are down across the board over a recent 10-year period, in some categories by more than 50%, the EPA's internal watchdog said in a report issued Wednesday.

  • April 01, 2020

    Hyundai Again Beats Fraud Claims Over Powertrain

    Hyundai has again defeated consumer fraud class claims over an allegedly defective powertrain component in certain Santa Fe SUVs that cause the vehicles to lose power on the road after a New Jersey federal judge said a customer didn't show the automaker knew about the purported defect before he leased his vehicle.

  • April 01, 2020

    FDA Orders Heartburn Meds Off Shelves Over Cancer Risk

    The U.S. Food and Drug Administration ordered drugmakers Wednesday to halt distribution of their versions of the heartburn medication ranitidine, more commonly known as Zantac, because of potentially carcinogenic contaminants found in the drug.

  • April 01, 2020

    StarKist Not Off Hook In 'Dolphin Safe' Tuna Label Suit

    A California federal judge isn't letting StarKist Co. escape a suit alleging it misleads consumers with claims that its tuna products are made with "dolphin safe" methods, saying the company's bid to dismiss the case is based on allegations that the proposed class is not actually making.

  • April 01, 2020

    Sierra Pacific Escapes From Price-Fixing Kickback Suit

    Mortgage servicer Sierra Pacific has managed to slip out of a proposed class action by borrowers accusing it of hatching a deal with a settlement service company to trade referrals for kickbacks after a Maryland federal court found that the disputed payments were likely shielded by law.

  • April 01, 2020

    Retailers' Attys Snag $4M Fees In Propane Antitrust Dispute

    The legal team that helped retailers secure a $12.6 million deal with propane giants Blue Rhino and AmeriGas over underfilled tanks have won their bid for a third of the pot in fees and expenses.

  • April 01, 2020

    T-Mobile, Sprint Close Merger As Judge Clears Deal With DOJ

    A D.C. federal judge signed off Wednesday on the U.S. Department of Justice deal clearing T-Mobile’s purchase of Sprint, the same day the companies closed the massive tie-up after undergoing intense congressional scrutiny and challenges from consumers and state attorneys general.

  • March 31, 2020

    Marriott Reveals New Data Breach Impacting 5.2M Guests

    Marriott International Inc. said Tuesday that roughly 5.2 million guests' loyalty information and other personal details had been exposed in a data breach earlier this year, a disclosure that class counsel pressing multidistrict litigation over a separate major hack of the hotel giant said highlights the company's ongoing data security failings. 

  • March 31, 2020

    Coronavirus Response To Test Limits Of Location Privacy

    U.S. authorities may be able to use location data culled from smartphones to track people amid the coronavirus pandemic without breaching privacy laws, but they should explain how they are masking that data and taking steps to avoid targeting individuals, attorneys told Law360.

  • March 31, 2020

    Judge Won’t Block Robinhood's Communications With Users

    A Florida federal judge said Tuesday that she won’t block online trading app Robinhood from sending what a user calls “misleading communications to prospective class members,” because the user failed to provide enough evidence to warrant the injunction.

  • March 31, 2020

    Tribe Hits 3M And USA With $21M Suit Over Polluted Water

    The Kalispel Tribe of Indians and its casino have filed a $21 million lawsuit in Washington federal court against companies including 3M Co. and Tyco Fire Products LP, as well as the United States, saying "forever chemicals" in firefighting foam contaminated their drinking water for years.

  • March 31, 2020

    Allergan Defeats Untimely NJ Insurance Fraud Claims

    A New Jersey lawsuit accusing Allergan PLC's predecessor of carrying out deceptive marketing practices that ultimately defrauded public health insurance programs was filed too late, a state court judge ruled in a decision made public Tuesday.

  • March 31, 2020

    Indivior Again Fails To Dodge Feds' Opioid Marketing Case

    A Virginia federal judge on Tuesday refused to dismantle a criminal case accusing Indivior of fraudulently marketing opioid addiction drug Suboxone Film, finding the federal government's wire fraud allegations were up to snuff.

  • March 31, 2020

    Weed Dispensary Hit With TCPA Suit Alleging Spam Texts

    A Denver-based cannabis dispensary operator violated the Telephone Consumer Protection Act by spamming consumers with unwanted promotional texts using an autodialer system, according to a proposed class action filed Tuesday in Colorado federal court.

  • March 31, 2020

    Bank Of America Escapes Overdraft Fee Class Claims For Now

    A federal judge in Illinois dismissed proposed class claims against Bank of America Tuesday, finding that one of its account holders failed to show how the bank violated the law by slapping him with overdraft fees.

  • March 31, 2020

    Ohio Justices Agree To Mull VW's Emissions Preemption Fight

    The Ohio Supreme Court agreed Tuesday to hear Volkswagen's challenge to a recently revived Buckeye State lawsuit alleging the German automaker violated state anti-tampering laws during its diesel emissions-cheating scheme.    

  • March 31, 2020

    EpiPen Buyers Can't Inject RICO Suit Into MDL, Court Told

    Claims that Mylan and Pfizer manipulated EpiPen expiration dates to force patients to refill prescriptions more often than necessary do not belong in multidistrict litigation over an alleged scheme to inflate prices for the life-saving allergy medication, the companies told a Kansas federal judge.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

Expert Analysis

  • Telehealth During COVID-19: New Rules And Considerations

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    Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Preparing For Private Right Of Action Under Calif. Privacy Law

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    While enforcement of the California Consumer Privacy Act won’t begin until July, the private right of action created by the CCPA is available to consumers now, and companies assessing their litigation risk should evaluate three open questions, say Amanda Lawrence and Michael Rome at Buckley.

  • How Behavioral Health Care Rules Are Evolving For COVID-19

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    As the COVID-19 crisis deepens and the need for behavioral health services is likely to increase, expect to see providers, payors and policymakers continue to collaborate at an unprecedented pace to provide safe access to mental health and substance use disorder treatment, say Purvi Maniar and Sarah Jean Kilker at Norton Rose.

  • Mitigating Antitrust Risks With DOJ-FTC Pandemic Guidance

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    To comply with recent guidance from the U.S. Department of Justice and Federal Trade Commission, companies collaborating with competitors in response to the COVID-19 crisis — particularly high-risk collaborations or exchanges of competitively sensitive information — must demonstrate a legitimate business justification and employ appropriate anti-competition safeguards, say attorneys at K&L Gates.

  • What FDA Has Done So Far In Response To COVID-19

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    Tracking the U.S. Food and Drug Administration's evolving response to the COVID-19 pandemic, Mintz attorneys discuss the agency's efforts regarding clinical trials for drugs, vaccines and devices, emergency marketing of such products, and supply chain and marketplace safety.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • COVID-19 Raises Unique Issues For Health, Life Sciences Cos.

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    Health care and life sciences companies are in the difficult position of being unable to suspend operations amid the coronavirus crisis, and must face new patient privacy, contract obligation and federal regulation challenges, say attorneys at Debevoise.

  • FTC Actions, Breach Cases Guide COVID-19 Cyber Response

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    Recent Federal Trade Commission enforcement actions and federal court data breach litigation reveal that companies' cybersecurity measures may be judged based on their foresight and responsiveness to the new risks posed by COVID-19, rather than standards used during normal circumstances, say attorneys at Kelley Drye.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Beware Pervasive Trademark Scams During COVID-19

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    Trademark scams related to COVID-19 are certain to persist for the foreseeable future, but brand owners can mitigate their consequences by proactively registering marks, employing watch services, sending cease-and-desist letters, and staying on top of the latest high-tech scams, say Ann Fort and Cameron Murphy at Eversheds Sutherland.

  • Past Crises Model Virus Response For Mortgage Industry

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    Homeowners, banks and loan servicers weathering the impact of COVID-19 should take a cue from how the mortgage industry handled foreclosure moratoriums, customer communications, credit reporting, and increased litigation and enforcement during past natural disasters, says Allison Schoenthal at Hogan Lovells.

  • Coronavirus Creates A Strange New World For State AGs

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    The coronavirus crisis is changing the policy and political focus of state attorneys general, as consumer protection actions are rapidly remade, AGs grapple with experimental law, and the Affordable Care Act and internet monopolies get a respite, says Shum Preston, who was senior adviser to former California Attorney General Kamala Harris.

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