Consumer Protection

  • October 08, 2025

    NBA Video Privacy Law Review Premature, Plaintiff Tells Justices

    A website user urged the U.S. Supreme Court not to weigh in on the Second Circuit's decision last year that revived his lawsuit accusing the NBA of illegally sharing his viewing activity with Meta, arguing that the suit's second dismissal this week and his planned appeal "might complicate the court's review."

  • October 08, 2025

    Lender, Servicer Fight Bid To 'Relitigate' Foreclosure Claims

    A state-run mortgage lender and a servicer asked a New York federal court to dismiss a proposed class action alleging that they schemed to inflate interest calculations in foreclosure cases, arguing that the borrower is attempting to improperly relitigate a state court's foreclosure judgment.

  • October 08, 2025

    Micron Files Patent Case In Calif. Day After Hit With Texas Suit

    Chinese chipmaker Yangtze Memory Technologies Company Ltd. has accused Micron Technology Inc. of infringing a series of patents related to computer memory, prompting Micron to respond with its own suit asserting that it didn't infringe the patents. 

  • October 08, 2025

    Advocacy Group Sues Trump To Restore Digital Equity Funds

    A group advocating for wider broadband adoption has sued the Trump administration for canceling the disbursement of grants under the Digital Equity Act.

  • October 08, 2025

    Tyson Hillshire Corn Dogs Have Wood Bits, Suit Claims

    Tyson Foods and Hillshire Farms on Tuesday were hit with a proposed class action in Illinois federal court over recalled corn dogs and sausages on sticks that had pieces of wood in the batter, brought by a consumer who says the recall falls short of remedying consumers.

  • October 08, 2025

    DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe

    The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.

  • October 08, 2025

    Retirees Can't Show Losses From Pension Deal, Judge Says

    An aerospace materials manufacturer shouldn't face a proposed class action alleging it violated federal benefits law when it converted $1.5 billion in pension obligations to risky insurance-backed annuities, a Pennsylvania federal judge recommended Tuesday, saying retirees hadn't demonstrated that the transaction diminished their benefits.

  • October 08, 2025

    Landlord Loses Bid To Depose DC In RealPage Case

    A District of Columbia Superior Court judge has rejected a landlord's bid to depose D.C. for the city's rent price-fixing suit against property management software company RealPage Inc. and multiple landlords.

  • October 08, 2025

    2 More States Join Growing US Privacy Regulator Consortium

    A bipartisan collective of U.S. regulators that was recently formed to collaborate on the implementation and enforcement of their states' data privacy regimes has swelled to double digits, with the attorneys general of Minnesota and New Hampshire on Wednesday being announced as the group's newest members. 

  • October 07, 2025

    Atty Fee Concerns Sink Health Provider's $2M Privacy Deal

    An Arizona federal judge refused to sign off on a nearly $2 million deal to resolve a proposed class action accusing LifeStance Health Group of illegally sharing website visitors' personal data with Meta, finding the proposed attorney fees to be "disproportionately high" compared to what class members stand to recover.

  • October 07, 2025

    Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row

    The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."

  • October 07, 2025

    Wash. Spam Email Law Is Unconstitutional, Retailers Say

    Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.

  • October 07, 2025

    Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say

    A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.

  • October 07, 2025

    Ex-Prisoners Push Back On Bid To Decertify Debit Card Class

    Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.

  • October 07, 2025

    Sunbeam Ovens Burn Users, Suit Says

    Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.

  • October 07, 2025

    Urologist Provider Must Face Data Leak Claims, Panel Says

    The Georgia Court of Appeals has largely revived a proposed class action against a urology provider over a 2021 data breach that allegedly compromised the personal information of more than 79,000 patients, ruling Monday that the clinic could be liable for negligence and breach of contract.

  • October 07, 2025

    Mortgage Giants Shared Data To Fix Rates, Homeowners Say

    A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.

  • October 07, 2025

    Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time

    Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.

  • October 07, 2025

    3rd Circ. Says State Lawmakers Mostly Immune From TCPA

    State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.

  • October 07, 2025

    1st Circ. Left In Limbo Over FCC's Prison Phone Rate Caps

    First Circuit judges Tuesday questioned the Federal Communications Commission's turnabout in defense of its Biden-era prison phone rate caps and were unsure how to construct a legal ruling with the FCC poised to vote on a policy makeover within weeks.

  • October 07, 2025

    FAA Drone Rule Draws Over 1M Comments As Public Weighs In

    Complex safety certification, technological and other security requirements are among the issues that U.S. regulators must still iron out before a long-awaited new rule allowing drones to fly beyond the sight line of their operators can truly take off, according to drone companies, aviation and other industry groups.

  • October 07, 2025

    Chanel, The RealReal Fail To Reach Settlement In TM Feud

    Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.

  • October 07, 2025

    Graco Can't Nix Warranty Claims Over Car Booster Seat Safety

    A Georgia federal judge on Tuesday refused to nix warranty breach claims in a consolidated action alleging Graco misrepresented that its car booster seats would protect occupants in side-impact collisions, ruling a reasonable jury could find Graco's labeling is material and misleading to consumers.

  • October 07, 2025

    Amazon Supplement Buyers Seek Spoliation Penalties

    Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation. 

  • October 07, 2025

    Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits

    Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.

Expert Analysis

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • Notable Q2 Updates In Insurance Class Actions

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    Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Opinion

    Time For Full Disclosure Of Third-Party Funding In MDLs

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    It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.

  • Regulating Online Activity After Porn Site Age Check Ruling

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    A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.

  • White House Report Strikes An Optimistic Note On Crypto

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    Taking seriously President Donald Trump's pledge to adopt a pro-innovation mindset toward digital assets and blockchain technologies, a recent benchmark White House report on crypto provides a comprehensive regulatory framework that takes into account the products' novel characteristics within the high-tech ecosystem, say attorneys at Davis Wright.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • AG Watch: Texas Embraces The MAHA Movement

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    Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.

  • DOJ Whistleblower Program May Fuel Criminal Antitrust Tack

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    A recently launched Justice Department program that provides rewards for reporting antitrust crimes related to the U.S. Postal Service will serve to supplement the department’s leniency program, signaling an ambition to expand criminal enforcement while deepening collaboration across agencies, say attorneys at Crowell & Moring.

  • How Community Banks Can Limit Overdraft Class Action Risk

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    With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • Location Data And Online Tracking Trends To Watch

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    Regulators and class action plaintiffs are increasingly targeting companies' use of online tracking technologies and geolocation data in both privacy enforcement and litigation, so organizations should view compliance as a dynamic, cross-functional responsibility as scrutiny becomes increasingly aggressive and multifaceted, say attorneys at Arnold & Porter.

  • 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.

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