Consumer Protection

  • 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."

  • August 26, 2025

    2nd Circ. OKs Tossing HR Biz TM Suit Over Ownership Issue

    The Second Circuit dismissed Tuesday a trademark infringement lawsuit brought against human resources services provider Rippling by competitor Ripple Analytics, saying a lower court was right to dismiss the case since Ripple's CEO was the actual owner of the trademark at issue, not his company.

  • August 26, 2025

    HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

    The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

  • August 26, 2025

    Cigna Strikes ERISA Ghost Network Suit Settlement Deal

    Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.

  • August 26, 2025

    MAC's Live Video Try-On Tech Violates BIPA, Customer Says

    A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.

  • August 26, 2025

    1st Circ. Says Insurer Owes No Defense In Eviction Suits

    A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.

  • August 26, 2025

    TikTok Takes State's Addictive App Case To NC Top Court

    TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.

  • August 25, 2025

    Major Food Cos. Beat Suit Over Selling Kids Addictive Foods

    A Pennsylvania federal judge on Monday threw out a suit claiming that The Kraft Heinz Co., Nestle USA, General Mills and other major food companies are aggressively marketing highly addictive, ultra-processed foods to children, ruling that the plaintiff hasn't adequately alleged that he was harmed by the companies' products.

  • August 25, 2025

    Eli Lilly Settles Feud With Clinics Over TM Infringement

    Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.

  • August 25, 2025

    Del. Justices Won't Revive Hunter Biden Defamation Suit

    Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.

  • August 25, 2025

    'Bring Him In': Judge Blasts Google Atty Over Witness Travel

    The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."

Expert Analysis

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • New Laws Show How States Are Checking AI Developers

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    Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.

  • What Expanding Merchant Code Regs Mean For Processors

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    Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • A Look At DOJ's Dropped Case Against Early Crypto Operator

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    The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • 3 Cautionary Tales For Cos. Using Facial Recognition Tech

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    Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

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