Consumer Protection

  • April 18, 2025

    5th Circ. Says FCC Can't Fine AT&T $57M Without Trial

    The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.

  • April 18, 2025

    Tribal 'Window' For New Spectrum Licenses Defended At FCC

    A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.

  • April 18, 2025

    Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit

    Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."

  • April 18, 2025

    FTC's Southern Glazer's Pricing Case Preserved

    A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.

  • April 18, 2025

    Insurance Exec Pleads Guilty In $134M ACA Plan Scheme

    A Florida insurance executive pled guilty Friday for his part in a $134 million scheme to submit fraudulent applications to enroll customers in fully subsidized Affordable Care Act health insurance plans.

  • April 18, 2025

    Ore. AG Sues Coinbase In Bid To Fill 'Enforcement Vacuum'

    Oregon's attorney general on Friday sued crypto exchange Coinbase and called on states to fill the "enforcement vacuum left by federal regulators" like the U.S. Securities and Exchange Commission, which have dropped cases under the Trump administration.

  • April 18, 2025

    Celsius Founder Asks For A Year And A Day For Crypto Fraud

    Celsius founder Alex Mashinsky urged a New York federal judge to reject the probation office's recommended 15-year prison sentence for lying that the fallen $25 billion crypto-lender's tokens were safe, arguing he's always had "genuinely good intentions" and should serve at most one year plus a day behind bars.

  • April 18, 2025

    $6.5M Deal In Amazon's PillPack TCPA Suit Gets Final OK

    A Washington federal judge on Friday approved a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that ran afoul of federal consumer law against robocalls and texts.

  • April 18, 2025

    Santander Not Responsible For Customer's Bad Crypto Buys

    Santander Bank is not liable for more than $750,000 lost by a customer to a cryptocurrency scam, a Massachusetts intermediate appellate court said Friday.

  • April 18, 2025

    Telecom Says Jarkesy Ruling Dashes FCC's $4.5M Fine

    An Austin, Texas-based telecom sought Friday to shake a nearly $4.5 million fine by the Federal Communications Commission after the Fifth Circuit tossed an unrelated $57 million penalty against AT&T based on last year's high court ruling in SEC v. Jarkesy curtailing agency fines.

  • April 18, 2025

    Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

    A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.

  • April 18, 2025

    Suit Says Loyola Enabled Ex-Michigan Coach's Alleged Hack

    A former Loyola University Chicago athlete filed a proposed class action accusing an ex-University of Michigan football coach of orchestrating a years-long cyber sexual assault by hacking into university athletic databases and stealing intimate photos and medical data of over 150,000 students, and asserting that the university and its vendor enabled the breach.

  • April 18, 2025

    How Manatt Beat A Crypto Trader's 'Code As Law' Defense

    After a crypto user exploited a software bug to create millions of dollars' worth of new tokens from a blockchain network, a Manatt Phelps & Phillips LLP team defeated his claim to the tokens — and won an award worth millions — by showing that faulty code can't stand in for rule of law.

  • April 18, 2025

    NC High Court Snapshot: Livestock Litigation Takes Limelight

    The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.

  • April 18, 2025

    6th Circ. Upholds American Airlines' Win In Hidden-Fee Suit

    American Airlines secured a Sixth Circuit panel's ruling Friday affirming the toss of customer claims that the airline wasn't transparent about making money from a third-party travel assistance product offered to customers during the booking process.

  • April 18, 2025

    Unions Score Injunction To Stop DOGE's Access To SSA Data

    The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.

  • April 18, 2025

    Lilly Blasts Compounders' 'Scattershot' Bid To Reverse FDA

    Eli Lilly urged a Texas federal judge to deny a request from pharmacies that produce copycat doses of its popular weight loss drug to have the court reverse an FDA decision taking the drug off a national shortage list, saying the bid was filled with unreliable "scattershot" arguments.

  • April 18, 2025

    PBMs Press 8th Circ. Bid To Pause FTC Case

    The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.

  • April 18, 2025

    Ohio AG Accuses Mortgage Lender Of Deceiving Borrowers

    Ohio's attorney general has hit United Wholesale Mortgage LLC with a lawsuit in state court accusing the Michigan-based lender of colluding with mortgage brokers to steer loans to UWM.

  • April 18, 2025

    KKR Blasts 'Draconian' DOJ Suit Over Alleged Filing Errors

    In a motion to dismiss a U.S. Department of Justice lawsuit that could carry $650 million in penalties, private equity giant KKR accused the government of pursuing "draconian, unconstitutional and unprecedented penalties" over what it called "immaterial ... purported errors" in routine merger filings.

  • April 18, 2025

    CFPB Mass Layoffs Blocked Again In DC Court

    A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.

  • April 18, 2025

    Capital One's Discover Deal Gets Bank Regulators' Approval

    Capital One on Friday received the last regulatory sign-offs needed for its $35 billion purchase of Discover, putting the megadeal on track to close for the former while also clearing the decks of a more than $1 billion enforcement matter for the latter.

  • April 18, 2025

    DOJ To Move Ahead In SafeMoon Case Despite Crypto Memo

    Prosecutors told a federal judge in Brooklyn on Friday that they plan to proceed with an investor fraud case against the CEO of crypto firm SafeMoon, having reviewed a Justice Department directive not to pursue certain charges related to digital assets.

  • April 17, 2025

    FTC To Narrow Data Privacy Scope As Uncertainties Loom

    The Republican-led Federal Trade Commission is poised to pursue a data privacy agenda focused on established harms and statutory authorities rather than ambitious rulemaking, although the recent firing of two commissioners casts doubt on the long-term viability of these actions and the future of a crucial transatlantic data transfer pact.

  • April 17, 2025

    Bill-Pay Co. Customers Can Continue With Most Of Class Action

    Customers of online bill-pay service Doxo Inc. can proceed with most of their claims in a Consumer Protection Act proposed class action alleging the company deceived them by not disclosing fees upfront, a Washington federal judge ruled Thursday.

Expert Analysis

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    How Congress Can Stem Consumer Finance Law Uncertainty

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    In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • A Look At Shifting Legal Landscape For Data Brokers

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    An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.

  • Understanding Risks Of Celebrities 'Hawking' Crypto Tokens

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    Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.

  • State AG Enforcement Is Poised For Another Pivot In 2025

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    Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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