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Consumer Protection
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August 21, 2025
Ill. AG 'Deputized' Firms To Go After Power Cos., Suit Says
Two retail power suppliers have asked a federal judge to block enforcement actions taken by Illinois Attorney General Kwame Raoul, claiming his office has unconstitutionally deputized plaintiffs law firms to pursue consumer fraud enforcement cases against the industry.
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August 21, 2025
FCC Seeks Feedback Before Ditching Truth-In-Billing Rules
The Federal Communications Commission is officially asking for opinions on whether the agency's slamming and truth-in-billing rules are outdated and, if so, where they should be cut, after voting earlier this month to propose eliminating some of them.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
FCC Dings NC FM Station For Unapproved Transfer Of Control
The owners of a low-power Catholic FM station in North Carolina are entering into a consent decree with the Federal Communications Commission over allegations that its owners effectively gave control to another entity without authorization, agreeing to pay $2,000 and implement a comprehensive compliance plan.
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August 21, 2025
OCC Ends Action Over Anchorage Digital's AML Program
The Office of the Comptroller of the Currency lifted a consent order against Anchorage Digital Bank on Thursday, marking the resolution of a 2022 action that accused the crypto bank of deficiencies in its anti-money laundering compliance program.
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August 20, 2025
Musk Can't Yet Ditch Ariz. Voter's Suit Over $1M Giveaway
A Texas federal judge on Wednesday refused to toss an Arizona voter's proposed class action claiming that Elon Musk's $1 million giveaway to swing state voters was deceptively marketed as a random lottery, ruling that the voter has plausibly alleged that she was defrauded.
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August 20, 2025
Credit Union, Customers Notch Deal In Data Breach Suit
OE Federal Credit Union and a proposed class of current and former customers revealed Wednesday that they have reached a deal to resolve litigation over a 2023 cyberattack, a day after the federal judge overseeing the case refused to cut negligence, California Consumer Privacy Act and several other claims from the dispute.
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August 20, 2025
Supersede California's Voice Over IP Rules, FCC Urged
California's new regulatory regime for internet voice call providers is a "power grab" and the Federal Communications Commission should make clear that its rules preempt those of the Golden State, a free market think tank is telling the agency.
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August 20, 2025
United, Delta Flyers Sue Over Windowless 'Window' Seat Fees
United and Delta on Tuesday were hit with a pair of proposed breach of contract class actions in California and New York federal courts by customers who accused the airlines of charging premium fees for windowless seats that are misleadingly advertised as having windows.
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August 20, 2025
Google Duped App Users With 'Fake' Privacy Button, Jury Told
A lead plaintiff in a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cell phone users told a California federal jury Wednesday that the tech giant is "misleading" consumers with a "fake button" purporting to allow users to opt out of tracking.
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August 20, 2025
Visa Deal Does Not Bar Other Swipe Fee Claims, Judge Rules
A New York federal judge on Wednesday ruled that Visa cannot enforce a $5.54 billion settlement in long-running multidistrict antitrust litigation against a class of Visa debit cardholders in a separate, similar suit, finding that the deal does not cover their claims, and therefore the claims can't be released.
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August 20, 2025
GOP Sens. See Path To Crypto Market Structure Law This Year
Republican lawmakers and regulators this week previewed plans to finish cryptocurrency market structure legislation before year's end and continue reducing scrutiny from banking regulators during a multiday event that brought officials and industry participants together in Wyoming.
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August 20, 2025
TikTok Profits From Addicting Children, Minnesota Says
TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.
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August 20, 2025
Civil Rights Org. Urges FCC Not To Ditch Nat'l Ownership Cap
A civil rights group founded by the Rev. Al Sharpton said it would be a bad idea for the Federal Communications Commission to strip away ownership regulations that cap how many television stations any one company can own.
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August 20, 2025
9th Circ. Told Apple, Google CEO Meeting Aids Antitrust Claim
A California crane operator training school's attorney told a Ninth Circuit panel Wednesday that a lower court erred in dismissing his client's suit alleging an antitrust conspiracy between Apple and Google because a meeting between the companies' CEOs should have been taken into consideration as supporting the claim.
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August 20, 2025
Character.AI Founder Seeks Exit From Teen's Suicide Suit
The co-founder of Character.AI has asked a Florida federal judge to toss certain claims in a suit alleging a teen's suicide was caused by a negligently designed artificial intelligence chatbot, saying he can't be sued individually in Florida because he's never done any business in the state.
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August 20, 2025
FTC Sues LA Fitness Over Difficult Gym Cancellation Policies
The Federal Trade Commission sued gym chain LA Fitness in California federal court Wednesday, alleging it employs burdensome cancellation practices, such as requiring customers to come to the gym in-person to cancel memberships or send cancellation forms through registered or certified mail.
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August 20, 2025
Alaska Telecom Fights Changes To Buildout Rules
A small Alaskan telecom is continuing its fight against a proposal from GCI Communication Corp. that would lower standards for carriers to receive Alaska Connect Fund support, telling the Federal Communications Commission that GCI should lose funding if it can't meet its commitments.
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August 20, 2025
TikTok Can't Dodge NC Claims Over Addictive App Design
Chinese internet behemoth ByteDance Inc. and its social media subsidiary TikTok Inc. can be sued in the Tar Heel State, North Carolina's business court ruled Tuesday, preserving a lawsuit that accuses the companies of exploiting minors through addictive app design.
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August 20, 2025
10th Circ. Says NM Gun Waiting Period Is Unconstitutional
The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.
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August 20, 2025
Texas AG Threatens Suit Over Orgs. Mailing Abortion Pills
Texas Attorney General Ken Paxton has sent cease-and-desist letters to three organizations he's accused of shipping abortion drugs to women in the state in violation of state and federal laws.
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August 20, 2025
WR Grace Beats Rival's False Ad, Patent Claims
A Maryland federal judge has ruled in favor of chemical supplier W.R. Grace on one Lanham Act false advertising claim that competitor GW Aru LLC brought against Grace over disparaging claims it made about GWA in advertisements, finding that while Grace's actions might not have been commendable, GWA hadn't shown it suffered monetary harm as a result.
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Receiver Shielded In Senior Home Shutdown, 1st Circ. Says
A court-appointed receiver for a Massachusetts assisted living facility is shielded by quasi-judicial immunity from claims that it orchestrated a "resident dumping" scheme, the First Circuit said Tuesday, reversing a lower court's decision.
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August 20, 2025
Crypto Groups Resist Banks' Stablecoin 'Loophole' Claims
Cryptocurrency groups have told U.S. Senate lawmakers that banking industry groups are attempting to relitigate issues put to rest with a recently enacted federal law to regulate stablecoins, arguing that the banking groups' proposals to use separate, pending legislation to close alleged "loopholes" would disadvantage the crypto sector.
Expert Analysis
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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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.