Consumer Protection

  • October 03, 2025

    Justices Agree To Hear Freight Broker Negligence Case

    The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.

  • October 02, 2025

    Walmart Can't Arbitrate Suit Over Health Purchase Disclosures

    A California federal judge rejected Walmart's bid to send to arbitration a proposed class action accusing the retail giant of illegally sharing information about sensitive health items that website visitors purchased, finding that the website's terms of service weren't prominent enough to establish a binding agreement to arbitrate. 

  • October 02, 2025

    Landlords Will Pay $141M To Exit RealPage Rent Pricing Case

    Renters have struck over $141 million in deals with landlord companies that were accused of using property management software RealPage's algorithms to fix rent prices and are now asking a Tennessee federal court to give those settlements its blessing.

  • October 02, 2025

    Biz Org Says DC Circ. Must Rethink T-Mobile's Privacy Fine

    The Chamber of Commerce is throwing its weight behind T-Mobile and Sprint as they ask the full D.C. Circuit to rethink the appellate court's decision not to knock out $92 million in fines the telecoms were slapped with for selling users' sensitive location data even after they knew it was being used inappropriately.

  • October 02, 2025

    Full 5th Circ. To Rehear Bid To Void DOT Airline Fees Rule

    The full Fifth Circuit Thursday vacated a panel's January ruling that allowed for the redo of a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront and agreed to consider a request from airlines that the rule itself be wiped off the books entirely.

  • October 02, 2025

    9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid

    The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.

  • October 02, 2025

    Google Fights Push To Get Reports From Gov't Monopoly Suit

    Google on Thursday pushed back against a software development company's bid to make the tech giant produce expert reports used in the federal government's lawsuit that resulted in Google being deemed a monopolist in the general search market, saying the reports had no relevance to the present case.

  • October 02, 2025

    Ad Tech Judge Sees 'Tension' In Google's Economist

    A Virginia federal judge told Google's economics expert Thursday that there's "tension" in his assertions that remedies for the company's advertising placement technology monopolies must be narrowly tailored to block the particular anticompetitive findings won by the U.S. Justice Department.

  • October 02, 2025

    Disability Group To Pay At Least $1M For Misleading Calls

    A disability advocacy group will pay at least $1 million to the Federal Trade Commission to wash its hands of claims that it made "tens of millions of illegal calls" to people in order to solicit their business and weren't upfront about why they were calling.

  • October 02, 2025

    Feds Eye Partial Pretrial Ruling In Regeneron FCA Case

    The government has urged a Massachusetts federal judge to rule that Regeneron Pharmaceuticals "naturally or foreseeably" caused providers to present false claims for its macular degeneration drug Eylea, arguing that it does not need to prove the tougher "but-for causation" standard for its theory of false certification.

  • October 02, 2025

    NC Judge Slashes Bank Of America Fake Accounts Class Suit

    A North Carolina federal judge has slashed a proposed class action accusing Bank of America of opening unauthorized accounts in people's names, tossing claims for violations of the Fair Credit Reporting Act, unjust enrichment and unfair trade practices, and leaving only negligence claims intact.

  • October 02, 2025

    Debt Collector's $2.6M Data Breach Deal Gets Final Nod

    Debt collection agency and buyer NCB Management Services Inc. and its investors have gotten the final nod to their $2.63 million deal to end consolidated proposed class action claims that NCB failed to protect more than a million consumers after a trove of their personal information was compromised in a ransomware attack.

  • October 02, 2025

    FINRA Fines CashApp Unit $375K Over Data Protection Lapse

    The brokerage unit of payments giant Cash App will pay a $375,000 fine to the Financial Industry Regulatory Authority to resolve claims it failed to keep user data safe after a former employee downloaded reports containing personal information on millions of the firm's customers. 

  • October 02, 2025

    Bored Ape NFTs Aren't Securities, Judge Holds

    A California federal judge tossed a proposed securities class action against the firm behind the popular Bored Ape non-fungible token collection and its celebrity promoters, saying the token sales didn't amount to securities transactions.

  • October 02, 2025

    NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup

    North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.

  • October 02, 2025

    Zillow Seeks Info On Compass' Anywhere Deal In Antitrust Suit

    Compass Inc. and Zillow Inc., which are battling each other in an antitrust case brought by Compass, have both asked a New York federal judge to rule on Zillow's bid to obtain documents related to Compass' $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.

  • October 02, 2025

    Top Groups Lobbying The FCC

    Lobbying at the Federal Communications Commission slowed in September, continuing a late-summer lag, but several groups kept busy on several issues. Here's a look at a few groups that contacted the FCC at least three times during September and a sampling of what they care about.

  • October 02, 2025

    Flagstar Customers Want OK On $31M Data Breach Deal

    A proposed class alleging Flagstar Bank didn't protect customer and employee information from two data breaches asked a Michigan federal judge Wednesday to give the initial approval for a $31.5 million settlement to resolve the case.

  • October 02, 2025

    Perrigo Can't Escape Parents' 'Paw Patrol' Mouthwash Suit

    An Illinois federal judge on Thursday refused to dismiss a proposed class action alleging that Perrigo Co. and Ranir LLC's fluoride mouthwash products are deceptively aimed at children, saying the proposed class has adequately pled that it was misled by the products' packaging.

  • October 02, 2025

    Ex-Silvergate CFO Must Face SEC Fraud Claims, Judge Rules

    A New York federal judge has ruled that the former chief financial officer of defunct crypto-focused bank Silvergate Capital cannot escape a suit from the U.S. Securities and Exchange Commission alleging he hid the bank's rocky financial condition, finding that the regulator has adequately alleged that he had access to information that contradicted his public statements.

  • October 02, 2025

    Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK

    A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.

  • October 02, 2025

    Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now

    A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.

  • October 02, 2025

    Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.

    A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.

  • October 02, 2025

    National Security Vets, App-Devs Back Google In Epic Fight

    A group of former national security officials and scholars is urging the U.S. Supreme Court to stay the district court injunction requiring Google to distribute third-party app stores and allow app developers to provide alternate payment links directly to users, saying the order creates serious national and cybersecurity risks.

  • October 02, 2025

    J&J Must Pay $10M In Punitive Damages After Asbestos Loss

    A Connecticut state court judge has hit Johnson & Johnson with $10 million in punitive damages after a jury sided with a builder who alleged the company's baby powder caused his terminal cancer, adding the amount to an existing $15 million verdict.

Expert Analysis

  • Wells Fargo Suit Shows Consumer Protection Limits In Mass.

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    The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q2

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    Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • Breaking Down Novel Va. Social Media Law For Minors

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    While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • DOJ Crypto Enforcement Is Shifting To Target Willfulness

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    Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.

  • How NJ's Proposed Privacy Rules Could Reshape AI Data Use

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    Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • Business Takeaways Following CCPA Enforcement Actions

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    Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.

  • Compliance Lessons From 1st-Ever Product Safety Sentences

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    A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.

  • 9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing

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    Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.

  • Feds' Shift On Reputational Risk Raises Questions For Banks

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    While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

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