Consumer Protection

  • August 27, 2025

    Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice

    A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.

  • August 27, 2025

    FERC Approves $38M Deal To End Market Manipulation Case

    The Federal Energy Regulatory Commission on Wednesday approved a settlement in which Vistra Corp. will pay $38 million to end litigation accusing affiliate Dynegy Inc. of manipulating electricity capacity auction rules in 2015, which led to consumers being unjustly overcharged.

  • August 27, 2025

    Personal Injury Firm Accuses Rival Of 'Bait And Switch'

    A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.

  • August 26, 2025

    OpenAI, ChatGPT Blamed In Suit Over Calif. Teen's Suicide

    The parents of a California teenager who died by suicide earlier this year filed a wrongful death suit in Golden State court Tuesday, claiming that OpenAI's artificial intelligence tool ChatGPT encouraged self-harm and suicidal ideation and then helped the 16-year-old plan his death.

  • August 26, 2025

    9th Circ. Won't Revive Website Wiretap Suit Against Microsoft

    The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.

  • August 26, 2025

    Gun Group Argues For Members' Ability To Buy Nationwide

    A gun rights group challenging a federal law that bars handgun purchases by buyers outside their state of residence has asked a Texas federal judge to find that an injunction, if granted, should apply to all of the advocacy group's members and not just named plaintiffs.

  • August 26, 2025

    Google Exec. Disputes '30 Stories' Of Data Claim At Trial

    A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.

  • August 26, 2025

    Joseph Nocella Jr. Appointed US Attorney For EDNY

    Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.

  • August 26, 2025

    Adam & Eve Beats Google Tracking Privacy Suit, For Now

    A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.

  • August 26, 2025

    Feds Appeal No-Jail Sentences In $577M Crypto Fraud Case

    Federal prosecutors said Tuesday that they're appealing the time-served sentences for two Estonian nationals who pled guilty to wire fraud conspiracy in connection with a $577 million cryptocurrency mining Ponzi scheme, while the federal judge who handed down the sentencings called them "one of the most difficult" of his career.

  • August 26, 2025

    Otter.ai Violates BIPA Through Voiceprint Collection, Suit Says

    Artificial intelligence-powered transcription software company Otter.ai has been collecting users' voiceprints without consent and without a published policy laying out when it retains and destroys the data, a new proposed class action filed Tuesday in California federal court alleges.

  • August 26, 2025

    DC Seeks Toss Of Challenge To Cannabinoid Rule

    There is nothing unconstitutional about the District of Columbia's laws which lump delta-9 THC into same category as marijuana and mandates all sellers to obtain a medical cannabis license, the city told a federal court, urging it to dismiss a lawsuit seeking to upend the city statutes filed by a hemp retailer whose shop was shut down.

  • August 26, 2025

    Standard General's Racial Bias Claims Against FCC Fall Flat

    Hedge fund manager Soo Kim has failed to convince a D.C. federal judge that the Federal Communications Commission and a cadre of media players were part of a racist conspiracy to kill his $8.6 billion merger with broadcaster Tegna.

  • August 26, 2025

    Google Backers Cite Security, Competition To 9th Circ.

    Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.

  • August 26, 2025

    Capital One Beats Robocall Class Cert. Appeal At 4th Circ.

    The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.

  • August 26, 2025

    Firm Says It Shouldn't Owe SEC For Ex-Owner's Alleged Fraud

    A now-shuttered investment advisory firm has opposed the U.S. Securities and Exchange Commission's attempt to hold it jointly liable for a $5 million judgment alongside its former owner who was accused of scamming elderly clients, arguing it did not profit from the alleged exploitation.

  • August 26, 2025

    USDOT Threatens States With Funding Cuts Over Truck Safety

    The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.

  • August 26, 2025

    PE Firm Escapes Patients' Anesthesia Antitrust Claims

    A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.

  • August 26, 2025

    Farmers Defend Climate Superfund Law Against Challenges

    Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.

  • August 26, 2025

    Joy Dish Soap Maker Scrubs $12M Suit Against Conn. PE Firm

    The Michigan company that formerly manufactured Joy Dish Soap is scrubbing two of its lawsuits against a Connecticut private equity firm, Piney Lake Capital Management LP, that claimed the latter soiled a deal to produce the soap after purchasing the brand from Procter & Gamble.

  • August 26, 2025

    Hemp Interests Say Conn. Policy Inconsistent With Federal Law

    A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.

  • August 26, 2025

    Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit

    A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.

  • August 26, 2025

    FCC Ordered To Turn Over More DOGE Docs

    A D.C. federal judge ruled Tuesday the Federal Communications Commission must produce more documents related to its communications with Elon Musk's government-slashing Department of Government Efficiency.

  • August 26, 2025

    Blacklist Suit Blocked By Illegal Biz Ties, Justices Told

    LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.

  • August 26, 2025

    4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit

    The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."

Expert Analysis

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • DOJ Consumer Branch's End Leaves FDA Litigation Questions

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    With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.

  • Surveying The Changing Overdraft Fee Landscape

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    Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.

  • Tracking The Evolving Legal Landscape Of Music Festivals

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    The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.

  • The Evolving Legal Landscape For THC-Infused Beverages

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    A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.

  • Antitrust Scrutiny Heightens In The Cannabis Industry

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    Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Opinion

    PFAS Reg Reversal Defies Water Statute, Increasing Risks

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    The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.

  • 2 Circuit Court Rulings Offer A Class Certification Primer

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    Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.

  • Compliance Is A New Competitive Edge For Mortgage Lenders

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    So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.

  • Opinion

    Privacy Bill Must Be Amended To Protect Small Businesses

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    While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.

  • Even As States Step Up, They Can't Fully Fill CFPB's Shoes

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    The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • Unpacking Notable Details From FTC's 'AI Washing' Cases

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    The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.

  • 'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight

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    The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.

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