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Consumer Protection

  • June 20, 2019

    BREAKING: High Court Punts On FCC Deference Fight In TCPA Row

    The U.S. Supreme Court on Thursday declined to resolve whether federal courts have the power to scrutinize agency orders such as the Federal Communications Commission's numerous interpretations of the Telephone Consumer Protection Act, finding that the issues in the case hadn't been properly vetted by the lower courts.

  • June 19, 2019

    Target Cardholders Ink $8M Deceptive Marketing Deal

    A proposed class of Target debit card holders asked a California federal judge on Wednesday to sign off on an $8.2 million deal resolving claims that the retail giant deceptively marketed its store debit card, causing customers to incur fees when the card did not operate as a traditional debit card.

  • June 19, 2019

    Tropicana Puts Squeeze On Another Class Over 'Pure' Label

    Tropicana Products Inc. once again defeated a proposed class action challenging the "pure" claim on its orange juice packaging when a New Jersey federal judge said Wednesday that the company's label variations require the claims to be evaluated individually, not on a class basis.

  • June 19, 2019

    Mass. Regulator Ready To Rumble On SEC Broker Standards

    Massachusetts securities regulator William F. Galvin is confident that federal law leaves room for states to pass their own fiduciary duty rule for broker-dealers and is vigorously pursuing one of the nation’s first, telling Law360 that investors deserve better than the standards recently set by the U.S. Securities and Exchange Commission.

  • June 19, 2019

    Coca-Cola, Milk Co. Hit With Consumer Suit Over Cow Abuse

    Coca-Cola and one of its brands misrepresented certain milk products as coming from humanely treated cows when in fact the cows were the victims of “horrendous animal abuse” at milk company Fairlife LLC’s former flagship dairy farm, according to a putative class action entered Wednesday in Georgia federal court.

  • June 19, 2019

    FCC To Advance 'Modest' Changes For Kids' TV Rules

    The Federal Communications Commission, after more than a year of review, said it plans to slightly relax its children's TV programming requirements, making changes the agency said are necessary to account for decreased viewership in the era of web streaming and on-demand shows.

  • June 19, 2019

    Driver Can't Expand Claims In Ford Door Latch Defect Suit

    A New York federal judge rejected a driver's bid to add four out-of-state plaintiffs to his proposed class action alleging Ford Motor Co. failed to warn consumers of faulty door latches in its F-150 pickup trucks.

  • June 19, 2019

    MoneyLion Accused Of Making Illegal Loans To NC Borrowers

    Online lending startup MoneyLion on Tuesday removed a suit to federal court accusing it of knowingly saddling North Carolina borrowers with short-term loans that have exorbitant interest rates and “draconian” terms without a license to lend in the state, in violation of state and federal law.

  • June 19, 2019

    CitiMortgage To Pay $7.8M In Calif. Escrow Interest Deal

    CitiMortgage Inc. will pay $7.8 million in overdue interest to more than 94,000 California homeowners, according to a deal the lending company made with the state’s Department of Business Oversight, stemming from a 2017 regulatory investigation.

  • June 19, 2019

    Delta's Privacy Policy Isn't A Contract, Judge Says

    A California federal judge took down the latest complaint against Delta and its online ticket provider by a flyer whose information was exposed in a massive 2017 data breach, finding her claims are based on a policy Delta flat-out states on its tickets is not binding.

  • June 19, 2019

    Cox Inks $10.75M Deal To End Debt Collection Robocall Suit

    Cox Communications Inc. has agreed to pay nearly $11 million to get itself off the business end of a class action accusing it of making illegal robocalls in order to collect customer debts, an Arizona federal court was told.

  • June 19, 2019

    Spark Energy Wins Bid To Move Variable Rate Suit To NJ

    A proposed class action challenging energy supplier Spark Energy LLC’s variable electricity rates will be transferred to New Jersey federal court, where a nearly identical lawsuit is already pending, an Illinois federal judge ruled Wednesday.

  • June 18, 2019

    Facebook's Cryptocurrency Immediately In Legislators' Sights

    Facebook announced Tuesday its intention to launch its cryptocurrency Libra, which aims to target the 1.7 billion global unbanked population by creating a global digital currency, facing immediate pushback from U.S. legislators and European officials.

  • June 18, 2019

    Travel Co. Again Hit With Suit Over 'Free' Cruise Robocalls

    A travel booking company previously hit with a slew of lawsuits claiming it advertised "free" cruises in violation of the Telephone Consumer Protection Act has been sued in a Florida federal court on claims it placed robocalls to millions of people from a call center in India.

  • June 18, 2019

    Debt Collection Co. Files Ch. 11 After Health Data Breach

    The parent company of a billing collections firm that has been blamed for a breach that exposed personal data from 11.9 million Quest Diagnostics Inc. patients has filed for Chapter 11 protection in New York bankruptcy court, citing the consequences of the breach.

  • June 18, 2019

    Uber TCPA Arbitration Bid Fails Due To Unauthenticated Docs

    A California federal judge on Tuesday denied Uber's bid to arbitrate a man's proposed class claims accusing the ride-hailing giant of sending him and others unsolicited text messages, finding documents purporting to show the man had entered into a contract with Uber were not authenticated and filed late.

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    Challengers Seek Partial Win Over Trump's '2-For-1' Order

    Three public interest groups asked a D.C. federal judge to hand them a quick victory on portions of their challenge to President Donald Trump's executive order requiring federal agencies to rescind two regulations for every new one created, arguing that new evidence demonstrates harm caused by the mandate.

  • June 18, 2019

    GM Aims To Hit The Brakes On Faulty Drive Shaft Suit

    General Motors LLC has asked a Florida federal judge to dump a proposed class action alleging various Chevrolet, Cadillac and GMC vehicles had defective drive shafts that caused severe, unsafe vibrations at highway speeds, calling the suit a "classic example of overreach."

  • June 18, 2019

    3 Classes Keep Certification In 'Sham' Fuel Fee Suit

    An Illinois state appellate panel affirmed the certification of three nationwide classes in a lawsuit accusing a mechanical and automotive part cleaner of charging its contracting auto shops "sham" fuel surcharges for its services since 2005.

  • June 18, 2019

    'Clear Sailing' Atty Fees Doom Defective Headphones Deal

    A California judge has shot down a deal to end a Pasadena man's lawsuit over allegedly defective Plantronics headphones, saying a "clear sailing" attorney fee arrangement and broad liability releases caused the court to doubt the settlement's fairness. 

  • June 17, 2019

    Calif. Ritz-Carlton Fined $1.6M Over Beach Access

    The California Coastal Commission has slapped the Ritz-Carlton in Half Moon Bay with a $1.6 million fine over the posh hotel’s repeated pattern of preventing access to public beaches, reportedly the second-highest fine since the commission was established.  

  • June 17, 2019

    Eventbrite Investors Tap Rosen, Glancy Prongay To Lead Suit

    Investors in Eventbrite Inc. asked a California federal judge to name as lead counsel the Rosen Law Firm and as co-lead counsel Glancy Prongay & Murray in their case accusing the events management and ticketing website of failing to reveal the bumpy integration of newly acquired Ticketfly.

  • June 17, 2019

    9th Circ. Upholds Toss Of Facebook Biometric Privacy Suit

    The Ninth Circuit has refused to revive a proposed class action accusing Facebook of violating Illinois' unique biometric privacy law by amassing nonusers' facial scans, finding that there was no evidence the social media giant's facial recognition technology had been used on the lone photo at issue in the dispute. 

  • June 17, 2019

    Hyundai Drivers Denied Cert. In Sonata Brake Defect Suit

    A proposed class action against Hyundai over allegedly faulty brakes in its Sonata sedans has hit a brick wall after a New York federal court refused to certify a putative class of more than 60,000 drivers because of fundamental problems with how “plaintiffs have chosen to prosecute their case.”

Expert Analysis

  • Digital Data Privacy One Year After Carpenter

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    Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

  • Key Differences In Nev. And Calif. Data Privacy Laws

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    Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

  • A Look At China's New Cybersecurity Guidance

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    Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

  • Financial Services Regulation For Fintech Companies: Part 2

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    In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Financial Services Regulation For Fintech Companies: Part 1

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    Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • FCC's New Call-Blocking Ruling Necessitates More Oversight

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    While the Federal Communications Commission's recent ruling authorizing phone carriers to block unwanted calls is a laudable effort, the lack of any industry call-blocking standards or appreciable oversight is a cause of massive concern for many callers who do not know whether their calls will be connecting, says Eric Troutman of Squire Patton.

  • State Net

    State Efforts To Rein In Drug Costs Have Mixed Success

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    Reducing the soaring costs of commonly used prescription drugs has become a political priority in the nation’s statehouses. But thus far, states have done better at increasing transparency around drug pricing than at actually lowering prices, says Lou Cannon of State Net Capitol Journal.

  • A Rare Antitrust Deferred Prosecution Agreement From DOJ

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    The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

  • LightYear Is FTC's Data Security Warning To B2B Companies

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    The Federal Trade Commission's data security settlement with LightYear Dealer Technologies is notable because the company does not market or sell products directly to consumers, and because the FTC made the eyebrow-raising claim that LightYear is a financial institution under the Gramm-Leach-Bliley Act, say attorneys at ZwillGen.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • A New Way To Fight ADA Web Accessibility Claims In NY

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    A New York federal court's recent decision in Diaz v. Kroger provides targets of Americans with Disabilities Act website accessibility cases with an additional tool for combating claims at the motion to dismiss stage, while also promoting the ADA's policy aims, says Adam Michaels of Hand Baldachin.