Consumer Protection

  • December 06, 2019

    Servicer Faulted For Impeding Notice In $90M Borrower Suit

    A Wisconsin federal judge has sanctioned a federal student loan servicer that's battling a roughly $90 million class action accusing it of illegally capitalizing interest on struggling borrowers' loans, finding the servicer "prevented thousands of class members" from being formally notified about the litigation.

  • December 06, 2019

    Fitbit Investor Sues Over $2.1B Sale To Google

    A Fitbit investor sued the athletic technology company and its board on Friday in Delaware federal court, claiming they tried to mislead investors about the financial analyses associated with Fitbit's recently announced plan to sell itself to Google for $2.1 billion.

  • December 06, 2019

    The AGs Challenging T-Mobile/Sprint & The Ones Left Behind

    Ten state attorneys general, all Democrats, entered the challenge to T-Mobile’s purchase of Sprint. Now, after months of ebb and flow that included the addition of a single Republican AG, the number stands at 14 and no longer includes that sole claim to bipartisanship. Here, Law360 takes a look at the states that have joined the challenge and the ones that have left.

  • December 06, 2019

    Don't Ignore 'Lack Of Diligence' In Mortgage Suit: Wells Fargo

    Wells Fargo asked a California federal judge to block a class-action bid brought by mortgage borrowers who say the bank denied mortgage aid to hundreds of eligible struggling homeowners, saying the plaintiffs' "lack of diligence" should not be rewarded.

  • December 06, 2019

    Data Breach Victims To Get Up To $6M In Banner Health Deal

    Banner Health has agreed to pay up to $6 million to a group of people affected by a 2016 data breach at the health care provider as part of a deal to put an end to a proposed class action over the massive cyberattack.

  • December 06, 2019

    FAA Wants To Fine Boeing $3.9M Over Faulty Parts

    The Federal Aviation Administration has hit Boeing with a proposed $3.9 million fine for knowingly installing faulty components on more than 130 of its 737 airplanes and then telling the agency those planes were ready for a final airworthiness test.

  • December 06, 2019

    DC Circ. Doubtful Of Jurisdiction In CareFirst Data Breach Suit

    The D.C. Circuit appeared likely to deliver a blow to CareFirst policyholders' putative class action over a 2014 data breach, after a three-judge panel expressed reservations on Friday about its authority to revive some claims a federal trial court tossed earlier this year.

  • December 06, 2019

    Retailer Must Face Wiretapping Claim Over Web Tracking

    An online marketing company got a Pennsylvania woman's invasion of privacy claim tossed from a lawsuit over its alleged tracking of her information from a retailer's website, but must still face her claim that it violated the state's wiretapping law, a federal judge ruled Friday.

  • December 06, 2019

    Bosch Escapes VW Dealers' 'Lost Profits' RICO Suit

    Franchised Volkswagen dealerships cannot collect damages from Bosch, the auto parts maker they've accused of masterminding the emissions-cheating devices in Volkswagen's "clean diesel" vehicles, after a California federal judge ruled Friday that they couldn't prove they were deprived of a future revenue stream from yet-to-be-manufactured vehicles.

  • December 06, 2019

    Calif. CBD Co. Sued After FDA Warning About Illegal Goods

    Just days after Koi CBD received a U.S. Food and Drug Administration warning over the marketing of its CBD products, a proposed class of consumers filed a California federal suit against the company claiming it knowingly sold illegal merchandise.

  • December 06, 2019

    Wingstop Owner's Scans Skirt Ill. Biometric Law, Workers Say

    An Illinois Wingstop franchisee who owns and operates at least six restaurants in the state requires his employees to scan their fingerprints to track their attendance in violation of their biometric privacy rights, according to a state class action filed Thursday.

  • December 06, 2019

    TikTok Brokers $1M Deal To Settle Claims It Shared Kids' Data

    A proposed class of parents and children urged an Illinois federal court Thursday to approve a “groundbreaking” $1.1 million settlement to resolve claims that the popular short-form video app TikTok collected and shared personally identifiable information about children under the age of 13 without parental consent.

  • December 06, 2019

    Robbins Geller To Lead Canada Goose Stock-Drop Suit

    Robbins Geller Rudman & Dowd LLP will lead a proposed class of Canada Goose investors alleging the luxury outerwear brand concealed inhumane treatment of animals it sourced materials from, causing a stock price decline after the company came under scrutiny for falsely advertising about its practices.

  • December 06, 2019

    Facebook Wants Cambridge Analytica Developer Sanctioned

    Facebook is urging a New York federal court to sanction Cambridge Analytica researcher Aleksandr Kogan for the defamation lawsuit he filed against the tech giant in March, claiming Kogan and his lawyers never properly served his complaint despite repeated warnings about the procedural defect.

  • December 06, 2019

    Chef Denied Class Cert. In Pringles Artificial Flavoring Row

    A New York federal judge denied class certification to a chef claiming Kellogg Co. falsely advertised Pringles salt-and-vinegar chips as having no artificial flavors, saying “unwieldy individual issues” predominate over common questions.

  • December 06, 2019

    FTC Says Cambridge Analytica Deceived Facebook Users

    The U.S. Federal Trade Commission found Friday that the defunct data consulting company Cambridge Analytica deceived tens of millions of Facebook users by harvesting their data for voter profiling without users’ knowledge or consent.

  • December 05, 2019

    Don’t Let CFPB Off Easy On Constitutionality, 5th Circ. Told

    The Consumer Financial Protection Bureau and a payday lender challenging the agency's constitutionality squared off before a Fifth Circuit panel on Wednesday over how to proceed now that the full court has upheld a similar challenge to a sister regulator, with the lender arguing that swift and serious action is needed.

  • December 05, 2019

    Facebook Asks High Court To Take Up Biometric Privacy Case

    Facebook is pressing the U.S. Supreme Court to review a Ninth Circuit ruling that preserved a potentially multibillion-dollar class action over its face-scanning practices, arguing that the dispute provides a "clean vehicle" to review thorny standing and class certification issues.

  • December 05, 2019

    Yelp Is Liable For Buffalo Wild Wings' Texts, 9th Circ. Hears

    A Buffalo Wild Wings customer urged the Ninth Circuit on Thursday to revive his Telephone Consumer Protection Act suit against Yelp Inc., saying the company is vicariously liable for texts the restaurant chain sent to waiting diners using Yelp's software.

  • December 05, 2019

    Ex-Fox News Contributor Hit With Suit For Philly Text Flurry

    An ex-Fox News contributor has been slapped with a proposed class action in Pennsylvania state court accusing him of improperly barraging tens of thousands of Philadelphia residents with unwanted text messages and using replies as responses to a purported poll on criminal justice reform.

  • December 05, 2019

    Colo. CBD Vendor Latest To Face Class Action Over Legality

    A Colorado CBD company has been hit with a proposed class action by a woman who claims the company's capsules and dog treats are illegal, citing recent guidance from federal regulators warning that the hemp-derived substance has thus far only been approved for narrow uses.

  • December 05, 2019

    Disney Escapes Disability Claims Over Line Skipping

    A California federal judge has favored Walt Disney Parks' bid to toss a suit claiming it discriminated against guests with disabilities including cerebral palsy and anxiety by not letting them cut ahead in line, saying they couldn't prove negligent infliction of emotional distress.

  • December 05, 2019

    What To Watch As T-Mobile-Sprint Merger Fight Goes To Trial

    T-Mobile and Sprint Corp. go to trial Monday in New York to defend their megamerger, as Democratic attorneys general pursue a rare, direct challenge to their federal peers in a case that will test the strength of U.S. wireless competition and the importance of fostering next-generation technology.

  • December 05, 2019

    States Seek To Reveal Sprint, T-Mobile Merger Emails On DOJ

    A coalition of states petitioned a Manhattan federal judge Thursday to allow the public to see corporate emails discussing how to get approval from a senior government official, ahead of a blockbuster antitrust trial over the Sprint-T-Mobile merger that starts Monday.

  • December 05, 2019

    CBD Chocolate Maker Sued Over Product Content

    A company that manufactures CBD-infused chocolates was hit with a proposed class action in California federal court claiming the candies don’t contain the advertised amounts of CBD and THC.

Expert Analysis

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Bank Regulators' Proposals Won't Erase Madden Uncertainty

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    While recently proposed rules from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency aim to clarify that a bank loan's interest rate doesn't change when it is sold or securitized, they're unlikely to fully resolve the ambiguity introduced by the Second Circuit’s controversial Madden decision, say attorneys at White & Case.

  • And Now A Word From The Panel: It's Nothing Personal

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    A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • What NY And Mass. Exxon Climate Suits Mean For Other Cos.

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    New York state's securities fraud case against Exxon Mobil over its public stance on climate change has some weaknesses, but Massachusetts' climate-related suit against the company on consumer protection grounds should lead other companies to consider their exposure to such claims, says Alana Rusin of Goulston & Storrs.

  • Financial Cos. Face A New Normal Under State Privacy Laws

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    The California Consumer Privacy Act may presage a new regulatory reality for financial institutions, whereby the federal Gramm-Leach-Bliley Act no longer shields them completely from a plethora of coming state consumer privacy laws inspired by the CCPA, say Kristen Mathews and Adam Fleisher of MoFo.

  • Mitigating The Impact Of A Data Investigation

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    As the volume and complexity of company data increases, and as regulators more frequently turn to that data in their investigations, financial companies should pay closer attention to data oversight, access, communication, relationships and processes, say managing directors at FTI Consulting.

  • Opinion

    Consumer Privacy Protection Deserves 5G Policy Attention

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    The 5G strategy currently being developed by the U.S. is destined to be incomplete until it articulates consumer privacy — as distinct from cybersecurity — protection as an important variable to consider in the 5G equation, says Stuart Brotman of the Woodrow Wilson International Center.

  • Trends And Opportunities In Distressed M&A Investing

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    As recent S&P data shows an increase in distressed assets, investors may find it preferable to undertake certain M&A transactions by working within, rather than running from, the unique opportunities afforded by the Chapter 11 process, say Aaron Rigby and Charles Persons of Sidley.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • 7th Circ. Ruling Forms Split On CAFA Jurisdictional Discovery

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    The Seventh Circuit’s recent decision in Dancel v. Groupon, which is at odds with Eleventh Circuit precedent, evens the playing field by giving defendants the opportunity to use discovery to demonstrate diversity jurisdiction in Class Action Fairness Act cases, say Bruce Braun and Stephen Spector at Sidley.

  • 7 Questions As We Await HHS Health Info-Blocking Rule

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    In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

  • Opinion

    Justices Should Use Florist Case To Settle Free Speech Issues

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    The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Litigation And Arbitration Are Creating A Public Cyberlaw

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    Although criminal and civil liberties implications are at the forefront of cybercrime and data privacy cases currently before the U.S. Supreme Court, a little-noticed, but potentially important, issue is the development of public cyberlaw at the operational level by commercial lawyers in private business disputes, says Joseph DeMarco of DeVore & DeMarco.