Consumer Protection

  • October 06, 2025

    Law Profs Say CareDx False Ad Verdict Should Stand

    Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."

  • October 06, 2025

    Catching Up With Delaware's Chancery Court

    Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 06, 2025

    NC Chamber Says AG Overstepping In DuPont Pollution Suit

    The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.

  • October 06, 2025

    Buyers Launch False Ad Suit Over Trader Joe's Probiotics

    Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.

  • October 06, 2025

    State Farm Underpaid Totaled Vehicle Claims, NC Drivers Say

    A proposed class of drivers told a North Carolina federal court that State Farm has systematically manipulated data in vehicle valuation reports to underpay policyholders' claims for totaled vehicles in violation of the state's total loss regulation.

  • October 06, 2025

    FirstEnergy Pushes Justices To Restore FERC Grid Incentive

    FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.

  • October 06, 2025

    Land Buying Co. Hit With TCPA Suit In NC

    A North Carolina-based land buying company wrongfully sent unsolicited text messages to people who were on the National Do Not Call Registry, according to a proposed class action filed in North Carolina federal court.

  • October 06, 2025

    Justices Won't Hear Coinbase's Calif. Arbitration Challenge

    The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.

  • October 06, 2025

    Justices Won't Review Blacklisting Case Against LegitScript

    The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.

  • October 06, 2025

    Justices Won't Hear Nissan Sunroof Defect Class Spat

    The U.S. Supreme Court on Monday declined to take up Nissan North America Inc.'s bid to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, a case that sought additional clarity on standards that might allow uninjured plaintiffs to pursue class claims against corporate defendants.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    SEC Lands $4M Judgment In Advisory Firm Fraud Case

    A defunct investment advisory firm is on the hook for a $2 million civil penalty and, together with its former co-owner, another $2 million in disgorgement as part of a resolution of a U.S. Securities and Exchange Commission suit accusing the co-owner of siphoning funds from her elderly female advisory clients.

  • October 03, 2025

    'Self-Inflicted' Harm Can't Prop Up Ill. Publicity Suit

    An Illinois federal judge has tossed a proposed class action accusing people search site InfoTracer of illegally using individuals' names and likenesses to advertise its products, finding that the only harm alleged was "self-inflicted" because the plaintiff had failed to show that anyone other than her own counsel had searched for her information.

  • October 03, 2025

    Google Ad Tech Judge: 'We Don't Know' Breakup Buyer

    A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.

  • October 03, 2025

    Meta Gets Facebook Ad Overcharging Suit Tossed, For Now

    A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    FCC Hears Prison Phone Companies' Calls To Drop Rate Caps

    The Federal Communications Commission wants to drop the rate caps that the previous administration's FCC set for prison phone services, according to an announcement Friday from the agency.

  • October 03, 2025

    6th Circ. Will Hear Ohio PBM Fight Arguments In December

    The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.

  • October 03, 2025

    Politico Data Tracking Suit Sent Back To Calif. State Court

    A California federal court has thrown out a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to collect data and personally identifying information without their consent, sending the case back to state court.

  • October 03, 2025

    High Court Broker Negligence Case 'Pivotal' For Trucking

    The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.

  • October 03, 2025

    Wells Fargo To Pay $33M To End 'Free Trial' Scam Suit

    Wells Fargo agreed to pay $33 million to resolve allegations it played a supporting role in two "free trial" marketing ploys that pulled $200 million from consumers, schemes that were the subject of since-settled Federal Trade Commission cases brought in 2018 against Triangle Media Corp. and Apex Capital Group LLC.

  • October 03, 2025

    Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs

    Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.

  • October 03, 2025

    Video Platform Rumble Defends Claims In Google Ad Tech MDL

    Video-sharing site Rumble Inc. urged a New York federal court on Friday not to toss its claims in the multidistrict litigation over Google's advertising technology, saying the allegations are similar to those being brought by federal and state enforcers and others that all survived dismissal.

  • October 03, 2025

    Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case

    A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.

  • October 03, 2025

    2nd Circ. Erases Injunction In Pet Supplement False Ad Fight

    The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.

Expert Analysis

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • A Look At DOJ's Dropped Case Against Early Crypto Operator

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    The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • 3 Cautionary Tales For Cos. Using Facial Recognition Tech

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    Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.

  • Rocket Mortgage Appeal May Push Justices To Curb Classes

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    Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • How State AG Consumer Finance Enforcement Is Expanding

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    As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.

  • What Businesses Need To Know To Avoid VPPA Class Actions

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    Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

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