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Consumer Protection

  • April 25, 2019

    Facebook Seeks $10M In Suit Over Fake Instagram Likes

    As recently promised, Facebook and Instagram are cracking down on fake social media engagement, lodging a suit in California federal court Thursday seeking $10 million from a New Zealand company and its owners for allegedly selling fake "likes" to Instagram users.

  • April 25, 2019

    11th Circ. Affirms JPMorgan's Escape From FCRA Suit

    The Eleventh Circuit Thursday affirmed the tossing of a putative consumer class action alleging JPMorgan Chase failed to adequately investigate the accuracy of the information it gave to credit reporting agencies, finding that the bank submitted only true information.

  • April 25, 2019

    HSBC Inks Deal To Repay Borrowers For Auto-Charged Fees

    While a deal was reached nearly a year ago, HSBC and one of its customers have finally filed a motion for approval of a settlement that would have the bank repay defaulted borrowers who were automatically charged certain fees.

  • April 25, 2019

    Calif. Court Rejects Arbitration Bid In Hotel Firing Suit

    A California appeals court has affirmed a lower court's denial of Carneros Resort and Spa's bid to force arbitration of a former worker's claims that he was wrongfully fired after raising concerns about the hotel's water use and Americans with Disabilities Act compliance.

  • April 25, 2019

    Monsanto Faces Uphill Fight In Axing Punitives From Trial

    A California judge said Thursday she’ll likely allow jurors to consider awarding punitive damages in the third jury trial over claims that Monsanto's popular Roundup weedkiller causes cancer, after the Bayer AG unit argued that there’s no evidence its conduct was malicious.

  • April 25, 2019

    Facebook Facing New Data Probes In New York, Ireland

    The New York Attorney General's Office on Thursday opened an investigation into Facebook's unauthorized collection of 1.5 million users' email contact lists, while Ireland's privacy regulator said it was looking into whether the company broke the law by storing passwords internally in plain text. 

  • April 25, 2019

    Chipotle Seeks To Decertify Non-GMO False Ad Suit

    Chipotle has asked a California federal court to decertify three classes of customers who claim the burrito chain falsely advertised that its food was made with only non-GMO ingredients, saying the classes don't share common issues due to differing views of what a genetically modified food is.

  • April 25, 2019

    CFPB Eyes Broader Exemptions For Remittance Rule

    The Consumer Financial Protection Bureau said Thursday that it is considering whether to exempt a broader swath of the international money transfer market from regulations intended to protect consumers who send money abroad, and is concerned about the looming expiration of a temporary carveout for banks and credit unions.

  • April 25, 2019

    Drivers Say Mercedes Is Stalling NJ Emissions Cheating Suit

    Letters signed in March and made public in New Jersey federal court records on Wednesday show a group of drivers accusing Mercedes-Benz USA LLC of bringing a lawsuit over alleged emissions test cheating to a “full stop.”

  • April 25, 2019

    Antitrust, Fraud Claims Axed From Amazon Book Scheme Suit

    An alleged scheme by a textbook seller’s rival to tie up its inventory and block its Amazon sales does not violate antitrust laws, but the seller could still bring fraud claims if it re-pleads its case more specifically, an Illinois federal judge said Thursday.

  • April 25, 2019

    Witnesses To Calif. Reps: Pass Emergency Throttling Bill

    A California state bill that would ban the throttling of first responders' data plans when a state of emergency is declared would immensely help public safety personnel communicate during emergencies, witnesses told a California state assembly committee Wednesday.

  • April 25, 2019

    Empty Pockets Let NJ Firm Avoid FINRA Fine Over Bad Trades

    A small broker-dealer in New Jersey where regulators found unsupervised and unsuitable trading has avoided any financial sanctions due to its current inability to pay, though it will remain open for business, the Financial Industry Regulatory Authority said on Thursday.

  • April 25, 2019

    Facebook Says Cambridge Analytica Data Should Stay Private

    Facebook asked a New York bankruptcy court on Wednesday to ensure that data sought from defunct British data firm Cambridge Analytica by a group of Facebook users is kept private, saying that “sensitive personal information” could be at risk of exposure.

  • April 25, 2019

    Equifax Investors Slam Appeal Bid In Data Breach Suit

    A proposed class of Equifax Inc. investors pushed back against the company’s bid to appeal a Georgia federal judge’s decision to allow the bulk of their securities fraud claims over its massive 2017 data breach, arguing that the questions Equifax wants reviewed are not legal issues.

  • April 25, 2019

    Ditech Borrower Files Class Action In Ch. 11 Case

    Bankrupt mortgage servicer Ditech Holding Corp. has been hit with a proposed class action lawsuit claiming it broke federal rules against sharing disputed missed payment information with credit agencies.

  • April 25, 2019

    Comcast Illegally Collects Personal Viewing Data, Suit Says

    Comcast “systematically” violates the legal rights of its subscribers by gathering viewing data and other private information without consent, according to a proposed class action filed Thursday in Massachusetts federal court that drew a sharp denial from the cable giant.

  • April 25, 2019

    Kona Beer Has $4.7M Deal On Tap To Settle False Ad Suit

    Kona Beer Co. has reached an agreement in principle with a class of beer buyers who say the company deceived them into thinking the beer was brewed in Hawaii, agreeing to pay at least $4.7 million to settle claims in California federal court.

  • April 24, 2019

    Pa. Atty General Gets UPMC-Highmark Suit Tossed, For Now

    A Pennsylvania federal judge Wednesday tossed the University of Pittsburgh Medical Center's attempt to stop the state attorney general from forcing it to negotiate with rival Highmark Inc., ruling that this is a speculative premise and unripe for adjudication until the attorney general takes action.

  • April 24, 2019

    Calif. Leaders OK Changes Curtailing Landmark Privacy Law

    California lawmakers have advanced eight industry-backed amendments that would scale back the scope of the state's landmark privacy law, including by changing how the law defines personal information.

  • April 24, 2019

    Supreme Court Ruling Cuts Off Avenue To Class Proceedings

    The U.S. Supreme Court’s conservative majority dealt its latest body blow to class actions on Wednesday, issuing a 5-4 decision that experts say puts another roadblock in the way of workers and consumers who want to pursue collective claims.

Expert Analysis

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Calif. Chemical Reg Changes Could Affect Many Products

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    Following the introduction of a bill that would significantly expand California's decade-old framework for regulating chemicals in consumer products, businesses should assess their product inventory for chemicals that may soon be regulated, and monitor the state's regulatory process, say attorneys at Arnold & Porter.

  • ADA May Not Require Compliance Management Policies

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    As demonstrated by a Pennsylvania federal court's recent decision in Mielo v. Steak 'n Shake, it soon may no longer be possible to bring Americans with Disabilities Act claims against a company for failure to enact a policy that requires finding and removing potential physical barriers, say attorneys at Squire Patton Boggs.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • What We Heard At The FTC Hearings: Days 20 And 21

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    The 12th hearing in the Federal Trade Commission’s series on competition in the 21st century reflected substantial evolution in the policy debate over consumer privacy regulation, say attorneys with Perkins Coie.

  • CFPB’s Proposed Payday Rule Rescission Reshapes UDAAPs

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    Though the Consumer Financial Protection Bureau's proposal to rescind portions of a 2017 payday lending rule covers much ground, three aspects focusing on unfair, deceptive, or abusive acts or practices have potential application outside of payday lending, say Jason Tompkins and Jonathan Hoffmann of Balch & Bingham.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • TCPA Questions Loom As 11th Circ. Considers 3 Cases

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    As Florida district courts grapple with how to interpret certain aspects of the Telephone Consumer Protection Act, three upcoming TCPA decisions from the Eleventh Circuit could offer guidance on how dialing systems and consent issues will be analyzed, say Ian Ross and Adam Foslid of Stumphauzer Foslid.

  • Genetic Testing Is On FTC's Radar

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    Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.