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Consumer Protection
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September 24, 2025
Greystar Resolves Wash. AG Action On Military Housing Fees
Greystar, the largest apartment management firm in the U.S., reached a deal Tuesday with Washington state over allegations that the company charged illegal housing fees to military service members, according to an announcement by the state's attorney general.
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September 24, 2025
Minn. Court Says Landlords Waive Evictions By Taking Rent
The Minnesota Supreme Court said Wednesday that landlords in the state can't evict public or private housing tenants for breaching their leases if the landlords knew about the specific lease violations when they accepted the tenants' rent payments, ruling against a Minneapolis property owner that had filed an eviction suit against a tenant.
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September 24, 2025
AGs Slam Capital One's $425M Deal As Unfair To Consumers
New York Attorney General Letitia James and 17 other attorneys general are opposing a proposed $425 million settlement between Capital One and a putative consumer class alleging the bank deceptively advertised its 360 Savings accounts, telling a Virginia federal court the deal "fails to adequately redress" the harms caused by the scheme.
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September 24, 2025
9th Circ. Allows One More Go-Round In Kleenex Ad Fight
The Ninth Circuit Wednesday determined it does not have jurisdictional authority to revive a proposed class action alleging Kimberly-Clark Corp.'s Kleenex Germ Removal Wet Wipes mislead consumers about the product's ability to kill germs, saying the consumers were not able to establish subject matter jurisdiction.
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September 24, 2025
FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says
The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.
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September 24, 2025
Keep Rules Against Phone 'Slamming,' NY Agency Says
New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.
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September 24, 2025
NC Med. Provider Exposed 450K Peoples' Data, Patient Says
A healthcare provider with locations throughout eastern North Carolina failed to protect the private data of at least 450,000 of its patients, then dragged its feet in notifying them, according to a potential class action filed in North Carolina federal court Tuesday.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 24, 2025
Mobile Cos. Claim Chilling Effect From Local Permitting
Wireless industry players are having problems with local permitting that would be fixed by the Federal Communications Commission's new proposal, which would use federal preemption to help companies clear permitting hurdles, according to a major trade group.
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September 24, 2025
Philly Alleges Companies Misled About Products' Recyclability
S.C. Johnson & Son and snack cake maker Bimbo Bakeries USA have been sued by the city of Philadelphia for allegedly misleading consumers about the recyclability of plastics they use in their products.
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September 24, 2025
Let States Use Leftover BEAD Funds, Sen. Wicker Says
States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.
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September 24, 2025
Sen. Questions FAA's Proposed $3M Boeing Safety Fine
U.S. Sen. Richard Blumenthal is seeking answers from the Federal Aviation Administration on the calculations behind a proposed fine of $3.1 million against Boeing for safety violations that led to last year's Alaska Airlines door plug incident, and has told the agency the penalty would amount to a "rounding error" for the aerospace giant.
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September 24, 2025
Woman Must Arbitrate Suit Against Verizon Over Stalker
A North Carolina federal judge has sent to arbitration a woman's suit against Verizon Communications Inc. alleging it handed her personal information over to her stalker, saying her claims against the company are not subject to a federal law precluding arbitration for sexual harassment claims.
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September 24, 2025
ITC's IP Cases Mainly Target Computer And Telecom Products
New data from the U.S. International Trade Commission has shown that intellectual property activity at the agency in 2024 remained relatively the same, with investigations primarily looking into computer and telecommunications products.
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September 24, 2025
American Airlines, US Gov't Sued Over Potomac Crash
A new wrongful death complaint brought by the wife of an American Eagle Flight 5342 victim names both American Airlines and the United States government as liable in the "wholly avoidable tragedy" that killed 67 people on the Potomac River in January.
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September 24, 2025
PeopleFacts To Pay $2.4M In Background Check Settlement
PeopleFacts has agreed to pay $2.4 million to job seekers whose criminal history was shared with employers without a notice required by the Fair Credit Reporting Act, according to a motion filed in Michigan federal court.
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September 24, 2025
PNC Failed To Protect 740K Users' Data In Breach, Suit Claims
A proposed class action filed in Pennsylvania federal court Tuesday claims PNC Financial Services suffered a data breach affecting 740,000 customers and should be held liable for not protecting their personal information.
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September 24, 2025
AvalonBay Can't Duck DC's RealPage Claims
A District of Columbia Superior Court judge has rejected landlord AvalonBay Communities Inc.'s bid to escape D.C.'s rent-fixing antitrust suit against property management software company RealPage Inc., AvalonBay and several landlords.
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September 24, 2025
Lender Must Face Class Claims It Ignored 'Do Not Call' Asks
A mortgage lender must face class allegations that it called people without their consent to market its loan products and continued to call people who asked it to stop, a Michigan federal judge has ruled, rejecting the lender's arguments that the proposed class is too vague.
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September 23, 2025
Experian Beats Credit Investigation Suit, For Now
Experian beat a proposed class action alleging it failed to timely reinvestigate disputed information in a plaintiff's file that kept him from securing a property mortgage loan, a North Carolina federal judge said Tuesday, finding that the plaintiff lacked standing and couldn't fairly trace his injury to the delay in reinvestigation.
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September 23, 2025
Uber Asks Judge To Look Into Leak Of Sealed Records To NYT
Uber has asked a San Francisco judge to order the lawyers in coordinated sexual assault litigation in California state court involving hundreds of accusers to officially state they have no knowledge about how sealed, confidential information protected under the court's order was handed over to The New York Times.
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September 23, 2025
Industry Witnesses In Google Ad Tech Case Not 'That Helpful'
A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.
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September 23, 2025
Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill
Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.
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September 23, 2025
Eli Lilly Deal In Weight Loss Drugs Trademark Suit Hits Snag
Pharmaceutical giant Eli Lilly and two Seattle-area medical clinics tried to leave a federal court "entirely in the dark" on the finer points of their newly proposed trademark suit settlement, a Seattle federal judge held in declining to approve the deal and enter a consent judgment in the case.
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September 23, 2025
Italy's Telecom Regulator Seeks 'Back Door' Network Fees
As debate rages in the U.S. about whether to help pay for broadband network deployment by imposing fees on streamers and Big Tech, an Italian regulator is getting around an EU restriction on so-called network fees by reclassifying content delivery networks as "electronic communications networks," an industry group warned.
Expert Analysis
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.