Consumer Protection

  • May 01, 2025

    Judge Told Data Would Let Rivals Mimic Google Search

    An academic testifying for Google on Thursday told a D.C. federal court that the data sharing provisions being proposed as a fix in the search monopolization case would allow rivals to reverse engineer Google search and if not match the results, at least mimic them.

  • May 01, 2025

    'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In

    There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.

  • May 01, 2025

    VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit

    Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.

  • May 01, 2025

    6th Circ. Judge Unsure If Totaled Car Payout Class Will Stand

    A federal appellate panel grappled Thursday with whether to uphold class certification in a lawsuit claiming that State Farm systematically undervalues totaled vehicles, with one judge wondering if every class automobile would require its own damages trial.

  • May 01, 2025

    Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms

    The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.

  • May 01, 2025

    McDonald's Agrees To Drop Price-Fixing Suit Against Cargill

    McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.

  • May 01, 2025

    Industry Groups Want FCC Enforcement Rework

    Five telecom industry groups asked the Federal Communications Commission on Thursday to revamp its enforcement policies after a recent Fifth Circuit decision wiped out a $57 million consumer data privacy fine against AT&T.

  • May 01, 2025

    Publix Can't Slip 'Zero-Market Share' Opioid Claims

    Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.

  • May 01, 2025

    CFPB, Lenders Float Deal To Vacate Medical Debt Rule

    The Consumer Financial Protection Bureau has agreed to a proposed consent judgment that would vacate a Biden-era rule banning an estimated $49 billion in medical debt from credit reports, striking a deal with lender trade groups that sued in Texas federal court to block the rule.

  • May 01, 2025

    PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

    Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.

  • May 01, 2025

    Girl Says Discord, Roblox Make Kids 'Easy Prey' For Predators

    A 16-year-old girl who alleges she was groomed by a child predator on Roblox and Discord has hit the companies with a product liability suit in Texas, writing that their sites make kids "easy prey for pedophiles."

  • May 01, 2025

    Hawaii Tenant's Tainted Water Eviction Claims Survive Ruling

    A Hawaii federal judge preserved a tenant's claims that he was effectively evicted from his home when a landlord failed to identify or warn of water contamination caused by leaks in 2021 at a U.S. Navy fuel storage facility on Pearl Harbor.

  • May 01, 2025

    TM Dispute Over Flag Football's Governing Body Stays Alive

    A Texas federal judge on Thursday shot down USA Football's bid to escape claims from USA Flag in a simmering feud over the national leadership of flag football within the U.S., saying there are many factual issues that need to be put in the hands of a jury.

  • May 01, 2025

    Calif. AG Can't Dodge ACC Recycling Subpoena Suit

    The American Chemistry Council can move forward with its challenge to a since-withdrawn subpoena from the California attorney general tied to a plastics pollution probe, a D.C. federal judge ruled Thursday.

  • May 01, 2025

    Huffy Sued Over Rideable Tonka Truck Fire Hazard Recall

    Consumers have sued electric bike and scooter maker Huffy Corp., claiming they overpaid for Tonka dump trucks for children to ride in that could cause burns or fires due to defective parts that allow the vehicle to overheat.

  • May 01, 2025

    Payment Math Dooms Sandoz Price-Fixing Deal With Florida

    A Connecticut federal judge on Thursday refused to put a bow on the deal the state of Florida struck with Sandoz AG and related defendants in three generic drug price-fixing lawsuits, ruling from the bench in Hartford that the settlement agreement "as written" would lead to exorbitant supplemental payments in the event that other states also reach deals to release their claims.

  • May 01, 2025

    4th Circ. Skips To Full Review Of DOGE's SSA Access

    The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.

  • May 01, 2025

    Conagra Sued Over Orville Redenbacher 'Naturals' Popcorn

    Conagra Brands Inc. tries to profit off health-conscious consumers who prefer natural products by falsely labeling its Orville Redenbacher brand of "Naturals" popcorn as containing only real ingredients, despite containing a synthetic preservative, according to a proposed class action filed Thursday in New York federal court. 

  • May 01, 2025

    Civil Order Stalling Chamber Death Prosecution, Judge Hears

    A prosecutor and attorneys for clinic workers charged in connection with the death of a 5-year-old boy in a hyperbaric chamber explosion expressed frustration Wednesday that they cannot get their experts into the building to investigate because of a temporary restraining order they say is interfering with the criminal cases.

  • May 01, 2025

    Collectibles Site Accuses Auction Platform Of Fraudulent Bids

    A sports collectibles auction platform used fake bidders to artificially inflate the price of its items, including cards of icons Patrick Mahomes and Kobe Bryant, and scam buyers out of millions of dollars, according to a suit filed in New York state court.

  • May 01, 2025

    Internet Pricing Cap Clears Calif. Assembly Committee

    A California Assembly panel has passed a bill to cap internet prices for low-income families, similar to New York legislation now in effect that went through appellate court challenge.

  • May 01, 2025

    Mammogram Provider Facing Wave Of Data Breach Suits

    Seven patients of a mobile mammography business have each filed class actions in recent days following the company's disclosure that personal and health information for more than 350,000 patients was impacted by a data breach seven months ago.

  • May 01, 2025

    Home Depot Faces Tool Rental 'Damage Protection' Suit

    Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.

  • May 01, 2025

    Colo. AG Targets MV Realty's 'Unfair' Homeowner Contracts

    The Colorado Attorney General's Office has accused real estate brokerage MV Realty PBC LLC and its Colorado subsidiary of trapping hundreds of local homeowners with "unfair, misleading and deceptive" 40-year brokerage contracts.

  • April 30, 2025

    Apple Defied App Store Injunction For Revenue, Judge Says

    A California federal judge Wednesday agreed with Epic Games that Apple violated her order blocking App Store rules that prevent developers from steering users to alternative payment options, and has now barred Apple from collecting any fees on outside-app purchases and referred the matter to federal prosecutors for possible criminal contempt proceedings.

Expert Analysis

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

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    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

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    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • Opinion

    It's Time To Reform Mass Arbitration

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    A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Aviation Watch: New FAA Chief Will Face Strong Headwinds

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    Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • The SEC's Administrative Law Courts Are At A Crossroads

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    The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.

  • SEC's Noteworthy Stablecoin Guidance Comes With Caveats

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    The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.

  • Electronic Shelf Labels Pose Myriad Risks For Retailers

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    While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.

  • Perspectives

    The Benefits Of Aligning States On Legal Paraprofessionals

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • What Greenwashing Looks Like, And How To Navigate Claims

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    Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.

  • AI Use In Class Actions Comes With Risks And Rewards

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    The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.

  • Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks

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    Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.

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