Consumer Protection

  • March 15, 2024

    FTC Inks $26M Deal With Two Cypriot Tech Scheme Cos.

    The Federal Trade Commission said it has reached a $26 million settlement in D.C. federal court with two Cyprus-based companies that it accuses of defrauding elderly consumers out of tens of millions of dollars in a tech support scam.

  • March 15, 2024

    Meta Can't Block FTC Plans To Stop Kids' Data Monetization

    Meta filed its second appeal Friday after suffering another D.C. federal court loss against proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement meant to block its monetization of children's data.

  • March 15, 2024

    Bank Groups Defend Texas Home For CFPB's Late-Fee Rule Suit

    A trade group coalition suing to overturn the Consumer Financial Protection Bureau's new credit card late-fee rule pressed Thursday in Texas federal court for an immediate injunction against the measure, pushing back on the agency's claims that the case should be bounced for ineffective "forum shopping."

  • March 15, 2024

    Ex-Prisoners Partially Settle Prepaid Card Suit For $2.8M

    Central National Bank NA and a class of former inmates who were charged fees for using the bank's prepaid debit cards from partner Numi Financial reached a $2.8 million settlement following mediation, but the parties have requested the court stay the case while class counsel investigates Numi's potential insolvency.

  • March 15, 2024

    Paxton Joins Feds In Fraud Suit Against Houston Developer

    The Texas Office of the Attorney General sued a Houston-area real estate developer for deceptive trade, fraud in real estate transactions and other offenses, joining previously announced federal litigation accusing the company and its affiliates of widespread predatory practices.

  • March 15, 2024

    Roblox's Casino Games Are 'Preying On Children,' Suit Says

    Online game platform Roblox Corp. has been hit with another proposed class action suit in California federal court accusing it and other companies of "preying on children nationwide" through an "illegal gambling ecosystem" that specifically targets minors.

  • March 15, 2024

    Feds Streamline Historic Reviews For Broadband Projects

    The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.

  • March 15, 2024

    Judge Asks Colo. Why Grocery Merger Case Can't Wait

    A state judge in Denver has asked Colorado enforcers why they need to have a hearing on their bid to block Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons before other hearings in challenges from federal enforcers and Washington state.

  • March 15, 2024

    AT&T Outage Calls For FirstNet Review, Group Tells Lawmakers

    An emergency telecommunications industry group is calling for a full congressional investigation of the AT&T-run FirstNet emergency response network, saying the company's massive network outage last month demonstrates the need for competition and redundancy in first responder networks.

  • March 15, 2024

    Apple Wants 'Convoluted' IPhone App Antitrust Suit Tossed

    Apple Inc. asked a California federal judge Thursday to toss a proposed antitrust class action alleging that Apple Inc. illegally controls which apps are viewed on iPhone web browsers to boost iPhone prices, arguing that the consumers don't have standing to bring their "highly convoluted and speculative" claims.

  • March 15, 2024

    Sanderson Beats Chicken Buyers' Antitrust Retrial Attempt

    Direct chicken purchasers who lost a price-fixing trial against Sanderson Farms cannot have another shot at bringing their case to a jury because their first trial was fair, and their circumstantial evidence couldn't defeat the company's competing proof, an Illinois federal judge has ruled.

  • March 15, 2024

    Firm Can't Drop Snoop Dogg Robocall Suit Like It's Hot

    A cost-cutting firm will have to face claims that it used a Snoop Dogg soundalike to make illegal robocalls in an attempt to get people to enlist their help signing up for a tax credit, promising the company could "have them funds in your hands quicker than you can roll up your favorite ... well, you know what I mean."

  • March 15, 2024

    Pa. Court Can Hear NY Borrowers' Class Action Against Bank

    The Pennsylvania Superior Court has ruled in a precedential opinion that a Philadelphia court can preside over class claims brought by borrowers from New York as well as Pennsylvania, claiming Five Star Bank violated both states' uniform commercial codes by repossessing their vehicles.

  • March 15, 2024

    Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit

    An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants. 

  • March 15, 2024

    Hospitals Say Constitutional Defenses Valid In FTC Merger Row

    Two North Carolina hospital systems shot back at the Federal Trade Commission's contention that constitutional defenses are immaterial to the agency's challenge of a $320 million merger plan, arguing that case law shows that striking the positions would be premature.

  • March 15, 2024

    TikTok Wants 'Bad Copycat' Suit Over Editing App Tossed

    TikTok and ByteDance urged an Illinois federal judge to end a proposed class action alleging they secretly collect and profit from data gathered from users of its CapCut video-editing tool, arguing the plaintiffs voluntarily downloaded the app and granted it permission to access certain types of data. 

  • March 15, 2024

    Ariz. Rep. Urges FTC Investigation Of RealPage Software

    Rep. Ruben Gallego, D-Ariz., has urged the Federal Trade Commission to investigate alleged anti-competitive practices by RealPage Inc., whose rent-pricing algorithm is the subject of multidistrict antitrust litigation.

  • March 15, 2024

    LA Billing Scandal Atty's Estate Can't Revive Fee Dispute

    The estate of an Ohio attorney who was accused of participating in a highly publicized billing settlement scandal involving the Los Angeles Department of Water & Power has lost two probate court bids to recoup fees from the late attorney's former colleagues, with an appeals panel determining the court lacked jurisdiction.

  • March 15, 2024

    Feds Say Bankman-Fried Deserves 40 To 50 Years In Prison

    Sam Bankman-Fried should spend 40 to 50 years in prison for engaging in a massive fraud that sank his FTX crypto exchange, Manhattan federal prosecutors argued Friday, pushing back against a request by defense counsel for a sentence of roughly six years.

  • March 15, 2024

    Ex-Fugitive Behind Fake Silver COVID Cure Pleads Guilty

    A former fugitive who was accused of peddling a phony, silver-based treatment for diseases such as COVID-19 pled guilty Thursday just before opening statements were set to begin at his fraud trial.

  • March 15, 2024

    Realtors Cut $418M Deal, Agree To Make Broker Fee Changes

    The National Association of Realtors said Friday that it has reached a settlement to end claims that its broker commission rules caused home sellers across the country to pay inflated fees, agreeing to pay $418 million over four years and to implement changes to its rules.

  • March 14, 2024

    17 Added To SEC's $300M Suit Alleging Crypto Ponzi Scheme

    The U.S. Securities and Exchange Commission on Thursday expanded its takedown of an alleged $300 million crypto Ponzi scheme with a suit against 17 individuals for their roles in a business that allegedly targeted Latino investors.

  • March 14, 2024

    Gamers Seek To Block Microsoft From 'Dismantling' Activision

    Gamers who are still challenging Microsoft's now-completed union with gaming titan Activision Blizzard say a California federal court must hand down an order stopping further integration of the two businesses after Microsoft laid off 1,900 people from the gaming company.

  • March 14, 2024

    CFPB To Mull Official 'Standard Setters' In Open Banking Push

    Consumer Financial Protection Bureau Director Rohit Chopra outlined plans for his agency to start offering formal accreditation for open banking "standard-setting organizations" as it prepares to finalize a landmark new rule on data-sharing between banks and fintech firms.

  • March 14, 2024

    DOJ, FTC Tell Copyright Office To Expand Right To Repair

    Federal law enforcement and trade officials said Thursday that the U.S. Copyright Office should not only retain a policy that gives consumers more leeway to fix things like cars, it should also expand those protections to things like industrial equipment.

Expert Analysis

  • Enforcement Risk Amid Increased Consumer Data Use

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    While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Fla. Bankruptcy Ruling Is Cautionary Tale For Debt Collectors

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    A Florida bankruptcy court recently rejected the assertion that a debt purchaser was entitled to enforce a debt not correctly listed on the debtor's bankruptcy schedules, and the sanctions imposed provide a stark reminder on due diligence in debt collection practices, say Deborah Kovsky-Apap and Stefanie Jackman at Troutman Pepper.

  • Opinion

    The Problems In Calif. Draft Behavioral Ad Privacy Regs

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    The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

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    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Can A DAO Be Sued? SDNY Case May Hold The Answer

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    A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.

  • How Breach Reporting Is Changing For Financial Institutions

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    In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • A Former Bankruptcy Judge Talks 'Undue Hardship'

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    Former U.S. bankruptcy judge Robert Gordon reflects on his journey from student borrower to judicial observer, highlighting the challenges faced by modern students burdened with student loan debt and advocating for reform in bankruptcy laws, particularly regarding the "undue hardship" element of discharge.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

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    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

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