Consumer Protection

  • January 28, 2020

    Buyers Claim BodyArmor Sports Drink Is Soda In Disguise

    A proposed class of sports drink buyers in California, New York and Pennsylvania sued the makers of BodyArmor SuperDrink on Tuesday, saying despite the company’s claims that it is a “better” and “more natural” way to hydrate, the beverage is really a “dressed-up soda masquerading as a health drink.”

  • January 28, 2020

    Cruise Booking Co. Asks Judge To Rethink Robocall Ruling

    A vacation cruise booking company asked an Illinois federal judge to reconsider his decision granting a partial early win to consumers who say the company placed unwanted robocalls offering "free" cruises, claiming he misinterpreted the meaning of "prerecorded voice."

  • January 28, 2020

    Chubb Unit Needn't Cover Lab's $3.3M TCPA Deal

    An Illinois federal judge ruled Tuesday that a Chubb Ltd. unit has no obligation to cover a $3.3 million class action settlement over unsolicited fax advertisements sent by a lab that sterilizes medical devices, finding that coverage is clearly barred by a policy exclusion for intentional conduct.

  • January 28, 2020

    FCC Member Warns Internet Blackout Possible Under US Law

    While government-instigated internet blackouts are a common abuse under authoritarian regimes, similar government overreach could happen under current U.S. law as well, Federal Communications Commissioner Jessica Rosenworcel warned Tuesday during the State of the Net conference in Washington, D.C.

  • January 28, 2020

    Insys Exec Can't Delay 33-Month Prison Sentence, Gov't Says

    Prosecutors urged a Massachusetts federal judge on Monday to reject a bid by former Insys Therapeutics Inc. executive Michael J. Gurry to pause his 33-month prison sentence over his role in an opioid bribery scheme in order to await the outcome of his appeal, saying a delay is unwarranted.

  • January 28, 2020

    11th Circ. Deepens Autodialer Split With New Robocall Ruling

    The Eleventh Circuit has refused to find that Hilton Grand Vacations used an autodialer to bombard consumers with unwanted robocalls, further deepening the divide over the scope of the disputed term under the Telephone Consumer Protection Act.

  • January 27, 2020

    Apple Expert Stumped By Report's Errors In Caltech IP Trial

    An expert for Apple and Broadcom told a California jury Monday he couldn't explain how mistakes made their way into his report meant to counter Caltech’s lawsuit alleging the companies' Wi-Fi chips are infringing its patents — errors that Caltech's attorneys have honed in on to support their case.

  • January 27, 2020

    Gamers Can't Appeal Big Fish App Pop-Up Fight, Court Told

    The owner of mobile gambling app Big Fish Casino is fighting attempts to shut down new pop-up ads that could undermine a pair of proposed class actions against it, telling the Ninth Circuit the consumers pushing for changes to the ads have no jurisdictional leg to stand on.

  • January 27, 2020

    'Bachelor' Star Stripped Of DraftKings $1M Win Amid Scandal

    A star of the reality TV show "The Bachelor" was stripped of a $1 million prize won in a DraftKings contest held earlier this month amid allegations that she colluded with her fellow reality star husband to submit more than the maximum number of entries.

  • January 27, 2020

    House To Vote This Week On Dem Changes To Credit Reports

    This week, the U.S. House of Representatives is set to consider a slew of changes to the Fair Credit Reporting Act that would block the use of credit scores in employment decisions, shorten the lifespan of negative events, exempt much medical and student debt, and regulate credit-score formulas.

  • January 27, 2020

    Wash. Bills Aim To Stop Social Casino Illegal Gambling Suits

    Washington state lawmakers will consider pair of bills to stop users who lost money on social "free-to-play" casinos from seeking to recover their losses alleging the games are illegal gambling, a change that could complicate a pair of federal class actions against the makers of Big Fish Casino.

  • January 27, 2020

    Hotel Magnate Says Remodeling Fraud Suit Is Well-Built

    A millionaire couple who hired a former Miss Sweden to renovate and design their Bahamas property and are now suing her and others to recoup losses from an alleged fraud scheme urged a Florida federal court Monday to force her to face the suit.

  • January 27, 2020

    Ford Drivers Push For Approval Of $77M Settlement

    Ford drivers pushed a California federal judge to approve a $77 million settlement over defective transmissions in certain models, saying that class members have already received more than $47 million in payments.

  • January 27, 2020

    FTC, Facebook Say $5B Privacy Deal Benefits Consumers

    Facebook and the Federal Trade Commission are hitting back at opposition to their historic $5 billion privacy settlement, arguing that the deal delivers substantial relief to consumers and that the Electronic Privacy Information Center doesn't have legs to contest it. 

  • January 27, 2020

    Target's $7M Robocall Deal With Class Of 240K Gets Final OK

    A Minnesota federal judge granted final approval Monday to Target Corp.'s $7.05 million deal with a nationwide class of about 240,000 individuals who claim the retail giant violated the Telephone Consumer Protection Act by calling consumers' cellphones using an automated dialing system.

  • January 27, 2020

    VW's $57M Suspension Defect Deal With Drivers Gets Final OK

    A Florida federal judge signed off Monday on a $57 million settlement to end a class action alleging Volkswagen knowingly sold CC model sedans with suspension defects, netting the consumers' attorneys $7.7 million in fees and expenses.

  • January 27, 2020

    United Exec Brands Sabre-Farelogix Deal Antitrust 'Nightmare'

    A United Airlines executive testified Monday that he viewed global booking agent Sabre Corp.'s acquisition of potential competitor Farelogix Inc. as "the stuff of nightmares" during the first day of a planned nine-day federal antitrust trial in Delaware.

  • January 27, 2020

    Avis Subsidiary Accused Of Charging Illegal Tax In San Diego

    A putative class action filed in California federal court accuses a subsidiary of Avis and other car rental companies of unlawfully charging customers fees under the guise of collecting money for a tax found illegal by a San Diego judge. 

  • January 27, 2020

    Calif. Judge Allows Latest EPA Report In Next Roundup Trial

    A California judge has doled out rulings on dozens of pretrial motions in the next Roundup case expected to go to jury trial Wednesday, including allowing Monsanto to mention a recent EPA report that another judge had excluded from a trial that ended last year in a $2 billion verdict.

  • January 27, 2020

    Dish, 5G Dominate Briefs Staking Out Stands On Sprint Deal

    Economists, industry groups and public advocates submitted a slew of briefs taking predicable positions on the U.S. Department of Justice deal clearing T-Mobile’s purchase of Sprint, which conditioned the tie-up on promises from the merging companies to rapidly roll out next-generation wireless technology and on Dish’s prospects as a new national wireless competitor.

  • January 27, 2020

    Claims Trimmed In Vitamin Shoppe Supplement Defect Suit

    An Illinois federal judge on Monday trimmed three counts from a suit alleging that The Vitamin Shoppe sold vitamin supplements with dangerous levels of lead and other heavy metals, finding that the complaint doesn’t show where the company allegedly misrepresented the vitamins’ content.

  • January 27, 2020

    Biz Groups Back VW In Ohio Supreme Court Emissions Fight

    The U.S. Chamber of Commerce and other business groups have urged the Ohio Supreme Court to review a recent decision reviving the Buckeye State’s lawsuit alleging that Volkswagen violated state environmental and anti-tampering laws during its diesel emissions-cheating scheme, saying the decision spells “regulatory chaos.”

  • January 27, 2020

    McCormick's $2.5M Deal In Slack-Fill Suit Gets Interim Nod

    A D.C. federal judge on Monday granted preliminary approval of a $2.5 million deal proposed by three state consumer classes to settle claims against McCormick & Co. Inc. in multidistrict litigation that accuses the spice manufacturer of underfilling pepper sold in grinders and tins.

  • January 27, 2020

    Ticket Buyers Denied Class Cert. In Delta Kickbacks Suit

    A Florida federal judge said Friday that a suit accusing Delta Air Lines Inc. of accepting kickbacks for selling trip insurance to ticket buyers was "effectively unworkable" as a class action because calculating damages would require individualized review of each plaintiff's situation.

  • January 27, 2020

    UPMC Accused Of Giving Private Patient Info To Advertisers

    The University of Pittsburgh Medical Center improperly shared personal and medical information from its website's users with third-party advertisers and analytics firms, according to a proposed class action filed Friday in Pennsylvania state court.

Expert Analysis

  • A Privacy Law Question Facing Health Data Researchers

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    The Health Insurance Portability and Accountability Act and California Consumer Privacy Act take divergent approaches to deidentified health data, but they could be harmonized to enhance consumer privacy while affording researchers access to data for improving health care and reducing costs, says privacy consultant Joy Pritts.

  • Surefire Marketing Methods To Build Your Legal Practice

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    Attorneys who take the time and the risk to showcase their talents through speaking, writing and teaching will find that opportunities will begin building upon themselves, says Daniel Karon of Karon LLC.

  • 6 CFPB Areas To Watch In 2020

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    The Consumer Financial Protection Bureau faces a handful of important rulemakings and decisions ahead as the agency approaches its 10th year in existence, and as Director Kathy Kraninger forges a distinct path from those of her predecessors, say Richard Gottlieb and Charles Washburn at Manatt.

  • Top 10 Insurance Laws And Regulations Of The Decade

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    During the last decade, the insurance industry experienced significant and varied forms of new legislation and rules, ranging from the reimagining of health care coverage in the U.S. to regulation of industries that scarcely existed 10 years ago, say attorneys at Locke Lord.

  • Setting Boundaries: An Essential Skill For Lawyers

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    While lawyers may often view boundaries as a restraint on their potential or a sign of weakness, failing to establish good boundaries can have negative consequences for their health, behaviors, relationships and careers, says Jennifer Gibbs at Zelle.

  • Opinion

    Facebook Is Not An Illegal Monopoly

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    A close look at Facebook’s evolving privacy policies reveals no evidence of exclusionary conduct — a requirement under U.S. antitrust laws for culpability — contrary to a recently published law review article's argument, says Kristen Limarzi of Gibson Dunn.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Legal Lessons From Esports Sponsorship Deals

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    Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • HIPAA Compliance Lessons From 2019 Enforcement Trends

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    Although 2019 was a comparatively quiet year for Health Insurance Portability and Accountability Act enforcement, the U.S. Department of Health and Human Services' Office for Civil Rights is still prioritizing the HIPAA security rule and right of access claims, and is not afraid to impose civil money penalties or take action against smaller providers, says Dena Castricone of DNC Law.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.