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Consumer Protection
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October 01, 2025
OpenAI Blasts X's Suit Over Apple Deal As 'Lawfare' Campaign
Apple Inc. and OpenAI Inc. have asked a Texas federal court to toss an antitrust case from X targeting a deal to integrate ChatGPT into iPhones, with OpenAI saying X's billionaire owner Elon Musk is waging a multipronged "lawfare" campaign against it.
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October 01, 2025
FCC Sets Furlough Plan In Motion With Government Shutdown
The Federal Communications Commission's staff halted most regular operations Wednesday as Congress failed to reach a deal to continue funding agencies after the end of the government's fiscal year.
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October 01, 2025
Lack Of Concrete Harm Dooms Bojangles Data Breach Case
The fast-food chain Bojangles has dodged a proposed class action brought by former employees who claim their personal information was stolen in a data breach after a North Carolina federal judge said they failed to show how they were injured as a result of the hack.
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October 01, 2025
Mich. Judge Slashes RICO Claims Against Mortgage Lender
A Michigan federal judge has dismissed the bulk of a proposed class action accusing United Wholesale Mortgage of forcing mortgage brokers to originate loans with UWM instead of shopping around for the best options for borrowers.
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October 01, 2025
Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers
The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.
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October 01, 2025
Opt-Outs Lacked Clarity About $100M Verizon Deal, Panel Told
A New Jersey trial court exceeded its authority by validating opt-outs from a $100 million class deal based on signatures transposed from retainer agreements that never mentioned the settlement, counsel for Verizon Wireless told a state appellate panel during oral arguments Wednesday.
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October 01, 2025
Software Co. Not Covered For $3M Privacy Fight, Court Says
Various Travelers units owe no coverage to a software provider that reached a nearly $3 million class action settlement over claims that it violated Illinois' Biometric Information Privacy Act, a federal court ruled, finding that an exclusion relating to the "access or disclosure" of personal information is applicable.
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September 30, 2025
Apple, Google, Meta Get 'Casino Games' MDL Trimmed Again
A California federal judge on Tuesday again trimmed multidistrict litigation against Apple, Google and Meta platforms over allegedly illicit "social casino games," though he refused to find that Section 230 of the Communications Decency Act means they don't have to face the suits.
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
FTC Hits Sendit App Over Kids' Data, Fake Messages
The operator of the anonymous messaging app Sendit and its top executive have been illegally collecting personal information from children that they're "well aware" were using their service, and tricking users with fake messages and other misleading tactics to entice consumers into buying paid subscriptions, the Federal Trade Commission alleged in a California federal lawsuit.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Amazon Settles $1.2M Lawsuit Over Immersion Heater
Amazon and a Colorado church's insurer have reached a settlement in the insurer's suit alleging that an immersion heater the church purchased from the e-commerce giant's platform to heat a baptismal font caused a fire amounting to $1.2 million in damages.
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September 30, 2025
State Telecom Roundup: Age Verification Laws
State laws requiring that websites verify the ages of users in order to access adult content have been picking up speed in recent years. Half the country now has laws on the books that require certain platforms to confirm that users are adults, a trend proponents say will protect children and that opponents have called an attack on the right to access free speech. Here, Law360 takes a look at some of those laws.
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September 30, 2025
LGBCoin Founder Says NASCAR Backtrack Cost $76M
The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
Shimano Still Has To Face Bike Injury Lawsuit In RI
Japanese bicycle parts manufacturer Shimano Inc., which has no physical presence in Rhode Island, can't escape a product liability lawsuit filed by a cyclist who claims its defective brake lever impaled his leg during a fall, a federal judge ruled Monday, saying the court has jurisdiction over the company because it made "deliberate efforts to serve the Rhode Island market."
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September 30, 2025
Regions Bank Brass Must Face Suit Over $191M CFPB Fine
A Delaware chancellor ruled Tuesday that most board members of Regions Bank cannot escape a shareholder derivative suit over a $191 million fine the bank paid to the Consumer Financial Protection Bureau in 2022 for charging unlawful "surprise" overdraft fees on certain debit card transactions and ATM withdrawals.
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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.
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.