Consumer Protection

  • October 09, 2025

    FCC Looks To Scale Down Broadband 'Nutrition' Label Reg

    The Federal Communications Commission will consider making broadband "nutrition" labels a little leaner after the agency during the Biden administration imposed what the industry sees as overly burdensome requirements.

  • October 09, 2025

    NCAA Considers Relaxing Gambling Restrictions For Athletes

    The NCAA seems poised to allow student-athletes and staff to bet on professional sports in an attempt to promote responsible gambling, with the Division I Administrative Committee adopting a proposal that would no longer prohibit such wagers.

  • October 09, 2025

    Kentucky AG Enters Roblox Fray, Says App Attracts Predators

    The Kentucky attorney general has filed his own suit against Roblox, joining other plaintiffs alleging that the popular gaming platform fails to safeguard against adult sexual predators seeking to target and exploit minors despite assurances to parents that its platform is safe for their children.

  • October 09, 2025

    7th Circ. Denies Rehearing In Harley-Davidson Warranty Case

    The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.

  • October 09, 2025

    Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit

    Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.

  • October 09, 2025

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit

    A residential brokerage startup has pushed the Tenth Circuit to reinstate its permanently dismissed antitrust suit against the National Association of Realtors and multiple brokerages, which were accused in Utah federal court of conspiring against the startup because it offered lower buyer-broker commission fees.

  • October 09, 2025

    Clearview AI's £7.5M GDPR Fine Faces Renewed Scrutiny

    A London tribunal has decided that a lower court was wrong to find that the U.K.'s data protection regulator lacked the power to fine Clearview AI Inc. £7.5 million ($10 million) over its collection of images of U.K. citizens from social media without their knowledge.

  • October 08, 2025

    NYC Takes Social Media Youth Addiction Suit To Federal Court

    New York City has withdrawn from coordinated litigation against social media companies in California and filed a largely identical suit in federal court, a move the city determined was in its "best interest" for holding the companies accountable for purposefully getting youth hooked on their addictive platforms, a spokesperson said Wednesday.

  • October 08, 2025

    Retailers Lose Bid To Ax NY Algorithmic Pricing Law

    A New York federal judge Wednesday tossed the National Retail Federation's lawsuit challenging a new state law that requires retailers to disclose the use of so-called algorithmic pricing, saying the retailers have not plausibly alleged that the disclosure requirement violates the First Amendment's prohibition on compelled speech.

  • October 08, 2025

    FCC Tells Justices 5th Circ. Used Jarkesy To Gut Enforcement

    The Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair" Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split.

  • October 08, 2025

    Meta Sued Over Financial Scam Impersonation Ads

    Meta Platforms Inc. is knowingly publishing and profiting from scam advertisements that unlawfully impersonate licensed financial professionals to ensnare social media users in fraudulent investment schemes involving thinly traded China-based securities, two financial professionals allege in a proposed class action in California federal court.

  • October 08, 2025

    5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case

    A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.

  • October 08, 2025

    ALN Medical Strikes $4M Data Breach Deal With 1.8M Users

    Healthcare advisory firm ALN Medical has offered to create a $4 million settlement fund to resolve litigation surrounding a March 2024 data breach that affected more than a million individuals, requesting a Nebraska federal court's preliminary approval of the deal.

  • October 08, 2025

    Next Boeing 737 Max Ethiopian Air Cases Set For Nov. 3 Trial

    A Chicago damages trial has been set for Nov. 3 for two families forging ahead with wrongful death cases against Boeing over the Ethiopian Airlines 737 Max 8 crash of 2019, with three additional cases up next for trial, counsel for the families said Wednesday.

  • October 08, 2025

    Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole

    The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."

  • October 08, 2025

    'I Don't Want To Be A Referee,' Google Search Judge Says

    A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.

  • October 08, 2025

    North Dakota To Issue Stablecoin Through State-Owned Bank

    North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.

  • October 08, 2025

    Judge OKs Amazon's Evidence Clawback In Antitrust Suits

    Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.

  • October 08, 2025

    Calif. Mandates Browser Ad Tracking Opt-Out In US First

    California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.

  • October 08, 2025

    Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories

    A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent. 

  • October 08, 2025

    AFL-CIO Opposes Draft Senate Crypto Bill

    A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."

  • October 08, 2025

    Federal Court Tosses Challenge To DC Cannabinoid Rule

    A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."

  • October 08, 2025

    FCC Wants Caller ID Expanded In Anti-Robocall Regs

    The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.

  • October 08, 2025

    Trump Admin Cites Shutdown In Bid For CFPB Case Delay

    Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.

  • October 08, 2025

    Discord Sued After User Info Leaked In Breach Of Vendor

    Communications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users. 

Expert Analysis

  • Genius Act Sets Stablecoin Standards — Without Regulation E

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    While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • How AI Is Easing Digital Asset Recovery In Fraud Cases

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    In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Crypto Custody Guidelines Buoy Both Banks And Funds

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    A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 9th Circ. Leaves Scope Of CIPA Applicability Unclear

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    Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

  • Liquidity Rule Compliance Still Vital Even After SEC Dismissal

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    Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

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