Consumer Protection

  • August 10, 2020

    Arizona Must Face Bulk Of 'All Natural' Gummy Labeling Suit

    Though a New York federal judge on Monday trimmed claims from a proposed class action alleging that Arizona Beverage Co. falsely labels its gummy snacks as "all natural," she found that the company still has to face allegations that it violated numerous state consumer protection laws.

  • August 10, 2020

    EU, US In Talks To Replace Axed Privacy Shield Data Pact

    The U.S. Department of Commerce and the European Commission revealed Monday that they're negotiating an "enhanced" Privacy Shield data transfer agreement to replace a version of the popular pact invalidated by the European Court of Justice last month. 

  • August 10, 2020

    Norwegian Cruise Beats Insurance Kickback Suit At 11th Circ.

    The Eleventh Circuit found Monday that a lower court correctly tossed a proposed class action alleging Norwegian Cruise Lines deceptively sold travel insurance, holding that the customers' claims are barred by the insurance contracts' arbitration provision and class action waivers.

  • August 10, 2020

    US Bank Can't Arbitrate Fee Suit After 9th Circ. Clarifies McGill

    A California federal judge on Monday rescinded her prior decision sending a proposed class action challenging U.S. Bank's fees to arbitration, finding that the arbitration provision is invalid in light of the Ninth Circuit's recent rulings that clarify the state high court's McGill v. Citibank precedent.

  • August 10, 2020

    Confusion Prevails Over Extent Of Trump's TikTok 'Ban'

    President Donald Trump's efforts to "ban" TikTok using legal tools that aren't usually aimed at popular mobile apps have left attorneys confused about how exactly the social media platform will be targeted as U.S.-China relations continue to fray.

  • August 10, 2020

    Tenn. Prosecutor Beats Ex-Secretary's Disability Bias Suit

    A Tennessee federal judge on Monday handed a win to a prosecutor in a suit filed by a former secretary who claimed her firing was unlawful disability discrimination, finding that she couldn't show bias because never told her boss about her health condition.

  • August 10, 2020

    NRDC Says Trump Admin. Must Update Energy Standards

    The Natural Resources Defense Council and a coalition of advocates on Monday threatened to sue the U.S. Department of Energy, alleging it has ignored its duty to update energy standards for a slew of products from microwave ovens to water heaters.

  • August 10, 2020

    HSBC Hong Kong Beats Ponzi Scheme Suit

    A New York federal judge held Monday that a group of California investors who alleged that HSBC Hong Kong aided a $37 million Ponzi scheme lacked jurisdiction to sue the bank and tossed the suit without prejudice.

  • August 10, 2020

    Google Slams Parents' Suit Over 'Loot Boxes' In Games

    Google on Friday urged a California federal court to throw out a suit brought by parents claiming its Google Play store encourages children to gamble via surprise in-game purchases called "loot boxes," arguing that it's immune from the claims because Google isn't the one behind the games or the loot boxes.

  • August 10, 2020

    Pandemic Disrupts Georgia Voters' Bid For Paper Ballots

    A group of Georgia voters and election advocates lost their bid to have the state's electronic voting system replaced with paper ballots for a third time Friday, when a federal judge ruled they relied on information rendered obsolete by the coronavirus pandemic.

  • August 10, 2020

    Little Caesars Can't Duck Ill. Workers' Biometric Privacy Suit

    An Illinois federal judge won't let Little Caesars escape a suit by two former employees alleging the company violated the Illinois Biometric Information Privacy Act by collecting their fingerprint data without consent, saying documents proffered by the company cannot be recognized as evidence at this stage.

  • August 10, 2020

    FCC Urged To Extend Low-Income COVID-19 Benefits

    An array of organizations advocating for civil, anti-poverty, consumer, labor and technology rights sent a letter Monday to the Federal Communications Commission urging the agency to further assist low-income consumers with staying connected as the coronavirus pandemic lingers.

  • August 10, 2020

    Walmart Forking Over Up To $9.5M In Meat Overcharge Suit

    Walmart agreed to pay up to $9.5 million and change certain business practices Friday in order to settle a putative class action in Florida federal court alleging that the retail behemoth has for years used sales prices to overcharge potentially millions of customers nationwide for its packaged meat products.

  • August 10, 2020

    Salisbury Bank Beats FCRA Claims At 2nd Circ.

    A Second Circuit panel on Monday affirmed a Connecticut district court decision to dismiss a Fair Credit Reporting Act suit against Salisbury Bank and Trust Company because a customer hadn't notified a consumer reporting agency of the credit reporting error.

  • August 10, 2020

    Michigan AG Shutters VoIP Co. That Enabled Robocall Scams

    An internet phone service company previously put on notice for enabling overseas robocallers has agreed to close down its U.S. operations, Michigan's attorney general has announced.

  • August 07, 2020

    9th Circ. Won't Pause Facebook Wiretap Order For High Court

    Facebook can't pause a Ninth Circuit decision reviving claims that it unlawfully intercepted logged-out users' browsing histories while the social media giant appeals the issue to the U.S. Supreme Court, the federal appellate court ruled Friday.

  • August 07, 2020

    Macy's Hit With Ill. Privacy Suit For Using Clearview Database

    Macy's Retail Holdings Inc. is facing a proposed class action in Illinois federal court accusing it of violating the state's biometric privacy law by partnering with embattled tech company Clearview AI to use facial recognition software to identify shoppers on the retailer's security cameras.

  • August 07, 2020

    Google Home Users Say Gadgets Record Without Permission

    Google was hit with a class action on Friday in California federal court accusing the tech giant of configuring its voice-activated Google Home devices to deliberately record conversations and audio events throughout users' homes, despite its promises to the contrary.

  • August 07, 2020

    Broadband Scarcity Looms Over Virtual School Year

    As school districts hammer out plans to hold fall classes partially or fully online, educators and regulators are scrambling to get as many students connected to the internet as possible, highlighting the ongoing connectivity divide that threatens to further disadvantage low-income and rural learners.

  • August 07, 2020

    Pot Co. Wants Case Paused Until Justices' Autodial Decision

    A California cannabis hydroponics supplier has asked a federal judge to stay a proposed class action accusing it of spamming customers with texts because the Supreme Court's forthcoming ruling in Facebook v. Duguid may have bearing on the case, to which the plaintiff has shot back in opposition.

  • August 07, 2020

    4th Circ. Sends TCPA Claims Against DirecTV To Arbitration

    The Fourth Circuit said Friday that a West Virginia woman must arbitrate claims that DirecTV violated the Telephone Consumer Protection Act because she is bound by a contract she signed with AT&T before it acquired the satellite TV provider.

  • August 07, 2020

    Attys Request $20.8M After Chase Servicemembers Settlement

    A three-firm team of attorneys who reached a $62 million settlement with Chase bank on behalf of a class of servicemembers on Thursday asked a North Carolina federal judge to approve a $20.8 million sum to cover the class counsel's fees and costs in the matter.

  • August 07, 2020

    Soldier Can't Sue Over Car Financing, Court Told

    Car financing company United Auto Credit Corp. urged a California federal court to permanently toss a soldier's Military Lending Act claims that it failed to properly disclose certain costs and fees, arguing Thursday the financing contract is not subject to the law.

  • August 07, 2020

    Fiat Chrysler Drivers' Jeep Engine Defect Suits Joined In Mich.

    A Michigan federal court has consolidated nine proposed consumer class actions accusing Fiat Chrysler of knowingly selling Jeep vehicles with dangerously defective engines that sucked up excessive amounts of oil, resulting in premature wear and catastrophic engine failure.

  • August 07, 2020

    Ulta Beats Certification Bid In Shoppers' Used-Makeup Suit

    An Illinois federal judge has refused to certify 15 statewide classes over accusations that Ulta Beauty Inc. unlawfully sold used, repackaged products, saying managers implemented the company's damaged goods reduction policy too differently to create a common question over their claims.

Expert Analysis

  • Advertiser Insights From NAD's 1st Fast-Track Ruling

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    The National Advertising Division’s first substantive ruling under its fast-track review program — that a Clif Bar internet ad made an unqualified comparison to Kind bars — shows what types of cases qualify for expedited review, and demonstrates a strict approach toward comparative superiority claims, say Leonard Gordon and Shahin Rothermel at Venable.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Considerations For NY Small Biz Truth In Lending Compliance

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    Michael Karpen and Richard Eckman at Troutman Pepper analyze New York state’s pending Small Business Truth in Lending Act, including the types of transactions, lenders and financing providers to which the statute applies, specific disclosure requirements, and unique challenges for the merchant cash advance industry.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    How Biologics Cos. Disparage Biosimilars And How To Stop It

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    Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Opinion

    Recent Decisions Helpfully Narrow TCPA Scope

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    A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • High Court TCPA Case May Curb Robocall Class Actions

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    The U.S. Supreme Court recently granted certiorari in a Telephone Consumer Protection Act case, Facebook v. Duguid, that has the potential to transform the statutory definition of autodialer and make it much more difficult for plaintiffs to prevail in robocall cases, says David Poell at Sheppard Mullin.

  • What Split On Standing Means For Fla. Consumer Claims

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    Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

  • How Contractors Can Reduce Antitrust Risk Amid COVID-19

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    Given coronavirus-related supply chain strains and the U.S. Department of Justice's increased scrutiny of public procurement, government contractors should implement internal controls to prepare for antitrust enforcement inquiries and independent whistleblower claims, say advisers at FTI Consulting and BakerHostetler.

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