Consumer Protection

  • March 07, 2024

    FCC Looking Into Alternatives To New Spectrum Auctions

    The Federal Communications Commission said Thursday it will look into ways to use existing legal powers to get more electromagnetic spectrum into the hands of commercial users a year after Congress let the agency's spectrum auction authority lapse.

  • March 07, 2024

    Chicken Buyers Bail On Remaining Claims Against Producers

    A class of direct purchasers effectively threw in the towel Wednesday on continuing with class price-fixing claims against Perdue Farms, Claxton Poultry and others, cutting deals that abandon attempts to revive the allegations and allow the buyers to avoid up to $1 million in legal costs they might have owed the major chicken producers.

  • March 07, 2024

    Wells Fargo Charged For Unwanted Programs, Customer Says

    An Ohio resident is the latest to bring proposed class claims against Wells Fargo over the bank's recent disclosures that some of its customers were unwittingly enrolled in certain financial products offered by the bank as far back as 2007, and charged fees for them.

  • March 07, 2024

    Banking Groups Sue CFPB Over Credit Card Late Fee Rule

    The U.S. Chamber of Commerce and bank trade groups sued the Consumer Financial Protection Bureau in Texas federal court on Thursday over its new rule to limit credit card late fees to $8, following through on a widely expected challenge to the potentially multibillion-dollar cut to industry revenues.

  • March 07, 2024

    Illinois Judge OKs $870K Deal In Database Privacy Suit

    A Cook County judge said Thursday she would award preliminary approval to an $870,000 settlement between B2B platform Apollo.io and a class of Illinois residents who say the company unlawfully used their personal identifying information to advertise its paid subscriptions.

  • March 07, 2024

    Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial

    Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.

  • March 07, 2024

    Nissan Cooling Fans Defective, Class Suit Claims

    A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.

  • March 06, 2024

    Top Calif. Antitrust Atty Says Criminal Cases On The Horizon

    California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.

  • March 06, 2024

    Garland On AI Crime, And A Taylor Swift Tune For DOJ

    U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.

  • March 06, 2024

    Wash. High Court Takes Up Nu Skin Distributor Dispute

    The Washington State Supreme Court will review whether a contract clause forces Nu Skin Enterprises Inc. distributors to go to Utah to settle claims that the multilevel marketing company harms consumers and violates a Washington law against pyramid schemes.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    Epic's Clash With Apple Over App Store Keeps Simmering

    Epic Games said Wednesday that Apple is flouting new European rules by terminating its developer account and blocking it from launching its own iOS app store, but Apple said it made the move because of Epic's "hotfix" that sparked litigation in the U.S. several years ago.

  • March 06, 2024

    States Expand Privacy Law Patchwork As Shake-Up Looms

    New Jersey and New Hampshire opened 2024 by passing privacy laws that take a largely familiar approach to protecting consumers' personal data, but promising proposals in Maine, Maryland and other states stemming in part from a failed federal effort signal that a new playbook may be on the way.

  • March 06, 2024

    'Larger' Airlines Didn't Help Flyers, DOJ Tells 1st Circ.

    The U.S. Department of Justice has assailed American Airlines for pressing its appeal over its since-nixed Northeast Alliance with JetBlue, telling the First Circuit that just because the deal made the airlines "larger" doesn't mean it helped consumers as the airline claims or that a district court gave potential benefits short shrift.

  • March 06, 2024

    Juul MDL Judge Asks Feds To Probe AI Fraud In $45.5M Deal

    A California federal judge Wednesday approved e-cigarette Juul investor Altria's $45.5 million settlement and counsel's $13.65 million fee request to resolve consumer claims in Altria's broader $235 million multidistrict settlement agreement, but said fraudulent claims submitted by AI and "click farms" are a "real problem" prosecutors should investigate.

  • March 06, 2024

    Citibank Sued Over Surprise Fee For Bounced Checks

    Citibank blindsides customers with an undisclosed fee for deposited checks that ultimately bounce, according to proposed class claims filed in South Dakota federal court.

  • March 06, 2024

    Pa. Pharma Co. Cops To Adulterated-Drug Charges

    A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    X Gets Investors' 'Puzzling' Cybersecurity Suit Axed For Good

    The social media site X, formerly known as Twitter, does not have to face shareholders' claims that they were misled and kept in the dark about the platform's cybersecurity concerns, a California federal judge ruled while scolding the shareholders for filing an "unnecessarily lengthy, puzzling and burdensome complaint."

  • March 06, 2024

    FCC To Explore 'Amnesty' For Rural Deployment Defaults

    The Federal Communications Commission has asked the public for its views on a proposal to release internet service providers from some obligations to deploy rural broadband under FCC subsidy programs so that affected communities can still obtain federal funding.

  • March 06, 2024

    SEC Dissenters Say Crypto Order Highlights 'Untenable' Rules

    The U.S. Securities and Exchange Commission levied a $275,000 fine against crypto exchange ShapeShift for failing to register as a dealer before it left the stateside market in 2021, though dissenting commissioners said the case underscores the "untenable" environment the SEC has created for crypto participants.

  • March 06, 2024

    CFPB Faces Call To Close Deposit Rate Disclosure 'Loophole'

    A rulemaking petition filed with the Consumer Financial Protection Bureau said the agency should close a regulatory "loophole" allowing banks to quietly lower the savings rate they pay on certain deposit accounts.

  • March 06, 2024

    Feb. 2025 Trial Set In $1B Ronaldo Binance Promo Suit

    A Florida federal judge has set a February 2025 trial date and other pre-trial details for the proposed class action against soccer star Cristiano Ronaldo related to his role in promoting embattled crypto platform Binance.com, following the failure of the parties to file their joint scheduling reports.

  • March 06, 2024

    9th Circ. Refuses To Review Eddie Bauer False Ad Suit Revival

    The Ninth Circuit on Wednesday declined clothing brand Eddie Bauer's request for the full appellate court to revisit a split three-judge panel's decision to partially renew a proposed class action alleging its outlet store price tags exaggerated markdowns.

  • March 06, 2024

    Industry Groups Fight Expanding Digital Discrimination Rules

    Three broadband industry groups want the Federal Communications Commission to pump the brakes on its plans for new digital discrimination oversight requirements, at least until the agency has seen how its controversial and recently passed discrimination rules shake out.

Expert Analysis

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Opinion

    CFPB Must Clarify When Anti-Fraud Benefits Offset Harms

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    The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Generative AI Model Evals: A Primer For Compliance Officers

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    A better understanding of evaluation and benchmarking practices for generative artificial intelligence can help compliance officers and other responsible AI practitioners identify associated risks and the degree to which mitigation might prove effective, say Collin Starkweather and Ekene Chuks-Okeke at Luminos.Law.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

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