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Consumer Protection
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September 30, 2025
9th Circ. Asked To Rethink Las Vegas Hotel Pricing Ruling
A proposed class of Las Vegas casino-hotel guests told the Ninth Circuit in a rehearing en banc petition that the entire court must reconsider its prior ruling for their antitrust claims, which alleged that hotel operators and two hospitality software companies conspired to hike up hotel room prices.
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September 30, 2025
Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.
Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.
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September 30, 2025
Waters Warns CFPB Furloughs Would Be 'Baseless,' 'Harmful'
A senior Democrat in the U.S. House of Representatives is warning the Consumer Financial Protection Bureau not to use a looming government shutdown as a "pretext" to furlough employees at the agency, arguing that such an unpaid work stoppage would be unnecessary and dangerous.
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September 30, 2025
Jury Says Uber Was Negligent, But Not Liable For Sex Assault
A California state jury found Tuesday that Uber was negligent with respect to safety measures it took to protect a passenger who says she was sexually assaulted by her driver, but ruled it isn't liable for damages in the high-profile bellwether trial because its negligence wasn't a substantial factor in causing her harm.
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September 30, 2025
FCC Pushes Prison Phone Jamming, Despite Dem's Concerns
The Federal Communications Commission on Tuesday advanced a plan to let state and local prisons jam the signals of contraband cellphones, even as a Democratic commissioner voiced worries about the potential for interference with lawful communications.
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September 30, 2025
Union Sued Over Data Breach Exposing 55K Members' Info
A local union group representing Colorado and Wyoming workers faces a proposed class action filed in Colorado federal court Tuesday that claims the union's negligence led to a cyberattack that compromised the personal information of more than 55,000 union members.
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September 30, 2025
Senate Bill Would Allow Claims Against AI Cos.
A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.
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September 30, 2025
FCC Aims To Remove Broadband Deployment Barriers
The Federal Communications Commission took a pair of actions Tuesday aimed at speeding up the deployment of broadband infrastructure by reducing regulatory hurdles.
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September 30, 2025
PFAS Testing Concerns End Coca-Cola Class Action
A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.
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September 30, 2025
3M Rolls Up Buyers' 'Forever Chemicals' Carpet Suit
A Minnesota federal judge threw out a proposed class action Tuesday alleging 3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the substances, saying the consumers have not plausibly alleged an injury.
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September 30, 2025
FCC Embarks On Four-Year Media Ownership Review
The Federal Communications Commission pushed ahead Tuesday with a proposal to ease restrictions on how many TV or radio stations a single broadcaster can control in a market.
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September 30, 2025
Nationwide Insurers Must Defend Auto Co. In BIPA Dispute
Two Nationwide units must defend an automotive accessory company accused of violating Illinois' Biometric Information Privacy Act, an Illinois federal court held Tuesday, following a ruling in a separate case that found no coverage for the company under its Hanover Insurance policies.
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September 30, 2025
CFPB Looks To Save Renewed Experian Credit Reporting Suit
Consumer reporting agency Experian Information Solutions Inc. should not be allowed to escape certain Fair Credit Reporting Act allegations taking aim at its handling of consumer disputes, the Consumer Financial Protection Bureau has argued, asserting the parties made an "inadvertent mutual mistake" in leaving Experian's name off the parties' agreement to toll the CFPB's claims.
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September 30, 2025
Ford Says 'Reckoning' At Hand For Lemon Law Firms
The Ford Motor Co. has urged a Los Angeles federal judge to keep alive a racketeering lawsuit alleging three law firms specializing in California's lemon law engaged in a "death-by-a-thousand-cuts" fraudulent billing scheme to bleed the automaker dry, arguing the firms' immunity claims don't hold up.
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September 30, 2025
NJ County Says State Police Allowed Mall To Sell On Sundays
Bergen County, New Jersey, is arguing that the New Jersey State Police have ignored illegal retail sales on Sundays at the American Dream mall in East Rutherford despite maintaining a headquarters at the site, in a response to a local government's lawsuit over the practice.
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September 30, 2025
FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition
The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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September 30, 2025
Pharma Co. Asks Judge To Toss 'Vague' Investor Class Action
Counsel for Marinus Pharmaceuticals Inc. told a Pennsylvania federal judge Tuesday that a shareholder class action alleging the company misled investors about the potential success of an epilepsy drug was based solely on "vague and uncorroborated" statements from confidential witnesses.
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September 30, 2025
Co-Marketing Isn't A Kickback Scheme, NC Lender Says
A mortgage lender is urging a North Carolina federal court to toss a homebuyer's suit accusing it and an insurance broker of running a kickback scheme, arguing that the homebuyer is wrongfully alleging that its co-marketing agreement with the brokerage is some sort of kickback scheme.
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September 30, 2025
Fla. Lawyer Charged With Battery While Facing Suspension
A Florida lawyer accused of scamming dozens of clients and facing emergency suspension was arrested Monday night on a domestic violence charge, a development that could hasten bar disciplinary action against him.
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September 30, 2025
Calif. Agency Fines Retailer $1.35M Over Data Privacy Lapses
Rural lifestyle retailer Tractor Supply Co. will pay a record $1.35 million penalty and overhaul its data privacy practices to resolve the California privacy agency's claims that it failed to properly notify consumers and job applicants of their privacy rights, maintain adequate agreements with service providers and provide consumers with an effective way to stop the sharing and sale of their personal information, the regulator announced Tuesday.
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September 29, 2025
Visa Defeats Claims It Profited From Child Porn, For Now
A California federal judge has thrown out allegations Visa knew about and profited from child pornography on Pornhub and other websites it worked with, though he gave the young woman who sued another opportunity to file an amended complaint.
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September 29, 2025
Meta Faces Sanctions Bid Alleging Co. Destroyed 'Taps' Data
Personal injury plaintiffs have urged a California state judge to sanction Meta Platforms Inc. in coordinated litigation over claims social media harms young users' mental health, alleging Meta willfully destroyed crucial time‑stamped "taps" data that captures users' taps, scrolls and swipes on Facebook and Instagram.
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September 29, 2025
Newsom Signs AI Law Requiring Guardrails, More Disclosures
California Gov. Gavin Newsom on Monday signed into law a bill that bolsters safety and disclosure requirements for artificial intelligence companies in the Golden State, a measure the governor said further establishes California as a leader in "safe, secure and trustworthy artificial intelligence."
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September 29, 2025
Google VP Says Ad Tech Breakup Has Risks For Publishers
A Google LLC executive tried to convince a Virginia federal judge Monday that the U.S. Justice Department has the company's advertising placement technology business backward, arguing that instead of helping website publishers, the breakup sought by the government would cost time and money, while artificial intelligence is scrambling prospects too much to warrant greater intervention.
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September 29, 2025
SEC, CFTC Eye Collaboration To Cut Redundant Rules, Cases
Federal commodities and securities regulators said Monday that they're looking for ways to cut down on duplicative regulation and enforcement matters and coordinate their exemptions and rule writing amid increasing innovation in the markets they oversee.
Expert Analysis
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.