Consumer Protection

  • October 11, 2019

    4 Privacy Disputes Ripe For Supreme Court Review

    While the U.S. Supreme Court doesn't currently have a blockbuster privacy case on its docket, several hot-button issues are primed to be added to the justices' agenda, such as the standards for certifying massive privacy classes and the harm that has to be shown to prop up data breach claims.

  • October 11, 2019

    New CFPB 'Task Force' To Review Consumer Financial Law

    The Consumer Financial Protection Bureau said it's putting together a "task force" to conduct a wide-ranging survey of the consumer financial regulatory landscape and recommend improvements, a project that some consumer advocates worry could just wind up providing cover for industry-friendly rule changes.

  • October 11, 2019

    Purdue Opioid Suits Get One-Month Pause, For Now

    A New York bankruptcy judge Friday put the opioid lawsuits against Purdue Pharma LP on a monthlong hold after the drugmaker and the government bodies suing it agreed to the pause while they try and work out terms for a longer stay.

  • October 11, 2019

    Real Estate Developer Settles Spam Text Suit For $1.5M

    A real estate investment management company has agreed to pay $1.5 million to put to bed a proposed class action accusing it of sending more than 100,000 spam text messages promoting its rental apartments, according to documents filed in Florida federal court. 

  • October 11, 2019

    No Exit For Timeshare Atty In Wyndham's False Ad Suit

    An attorney accused of co-running a bogus timeshare exit scheme can't dismiss Wyndham's suit, a Florida federal judge ruled, holding that the hotel giant sufficiently showed that the attorney and others duped owners to default on their financial obligations.

  • October 11, 2019

    8th Circ. Won’t Rehear Monsanto Label Settlement Objection

    The Eighth Circuit will not rehear an objector's case against a $21.5 million settlement between Monsanto Co. and a class of Roundup buyers who claimed the company deceived them about how much weedkiller could be made from concentrate, the court announced Friday.

  • October 11, 2019

    Hill Wallack Builds Condo Group With 4 Attys, New Office

    Hill Wallack LLP has bolstered its community associations group with the addition of four attorneys in a new location that builds the firm’s southern New Jersey imprint and expands manpower in a growing practice area, firm leaders said.

  • October 11, 2019

    FDA Focus: What BakerHostetler's Practice Chair Is Watching

    The co-leader of BakerHostetler's U.S. Food and Drug Administration practice tells Law360 he’s alarmed by a surge of contaminated drugs, watching for possible legal challenges to government crackdowns on vaping and concerned that large drug compounders will shut down because of FDA restrictions.

  • October 11, 2019

    Grubhub Says Calls To Customer Were Properly Targeted

    A Grubhub user has “pled herself out of court” after amending claims that customers nationwide received hundreds of unwanted autodialed calls despite being told they would stop, the mobile food delivery service has argued in a bid to escape the suit.

  • October 11, 2019

    Fyre Fest Ticket Holders Want Ja Rule Back In $100M Suit

    Just when rapper Ja Rule thought he was out, jilted Fyre Festival ticket holders suing for $100 million are trying to pull him back in, claiming new information shows he was promoting the doomed festival even as he knew it was destined for spectacular failure.

  • October 11, 2019

    Chesapeake Tries To Shake Off Okla. Quake Damage Suit

    A Chesapeake Energy Corp. unit has told a federal court it cannot be held responsible for earthquake-related damage alleged by scores of Oklahoma residents who are suing it and a slew of other oil and gas companies in a proposed class action.

  • October 10, 2019

    State Bank Supervisors Seek Input On Model Payments Law

    The Conference of State Bank Supervisors has asked the payments industry to weigh in on proposed model legislation that could drive the standardization of state money transmission laws, the consortium of banking regulators said in a statement Thursday.

  • October 10, 2019

    Student Loan Servicer Accused Of Mishandling Overpayments

    A Wisconsin-based student loan servicer misrepresents the way it allocates excess payments from borrowers on income-based repayment plans, an Illinois borrower claimed Thursday.

  • October 10, 2019

    J&J Nears OK For $6.3M Deal In Infant Tylenol False Ad Suit

    A California federal judge indicated Thursday he's prepared to greenlight a $6.3 million deal to resolve class claims that Johnson & Johnson tapped into the anxieties of new parents to mislead them into paying more for Infants' Tylenol containing the same medicine as Children's Tylenol.

  • October 10, 2019

    Hold Off On Sprint/T-Mobile Deal, States Urge DC Judge

    More than a dozen states challenging T-Mobile’s planned $56 billion Sprint merger are urging a D.C. federal judge to wait until their suit is resolved before deciding on approval of a U.S. Department of Justice settlement with the mobile giants to avoid interfering in the states’ case.

  • October 10, 2019

    CFPB Constitutionality Case One To Skip, Prof. Tells Justices

    A George Washington University Law School professor is making a last-minute push to discourage the U.S. Supreme Court from hearing a closely watched constitutional challenge to the Consumer Financial Protection Bureau, saying there are major jurisdictional problems in the case that neither the agency nor its challenger has pointed out.

  • October 10, 2019

    Deal In Nationstar Mortgage Tax Suit Gets Initial Approval

    A California federal judge has given initial approval to a deal struck between a proposed class of homeowners and a mortgage company formerly known as Nationstar to resolve claims of inaccurate information reporting that led to denials of tax credits.

  • October 10, 2019

    Calif. AG Rolls Out Consumer Data Privacy Regulations

    California's attorney general on Thursday released long-awaited draft regulations on how companies should implement the state's landmark consumer privacy law, including guidance on how to respond to consumer data requests and how to avoid discriminating against consumers.

  • October 10, 2019

    Kraft Dodges Suit Over 'No Preservatives' Capri Sun Label

    An Illinois federal judge on Thursday tossed a proposed class action claiming Kraft Heinz Food Co. falsely advertised its Capri Sun drinks as preservative-free, saying the complaint failed to show that Kraft uses an artificial form of citric acid.

  • October 10, 2019

    Watchdog Warns Travel Insurance Industry On Pricing

    Europe’s top insurance regulator on Thursday called on firms to tackle the high fees consumers are paying for travel insurance, warning they could be in breach of European Union consumer protection rules through opaque pricing of products.

  • October 09, 2019

    Genetic Testing Co., 3 Others To Pay $42.6M Over FCA Claims

    Genetic testing company UTC Laboratories Inc. and its three principals have agreed to collectively shell out $42.6 million to resolve allegations they violated the False Claims Act by paying physicians kickbacks in exchange for laboratory referrals, the U.S. Department of Justice said Wednesday.

  • October 09, 2019

    DeVry Must Face Mo. Graduate's False Ad Suit

    A Missouri federal judge Wednesday let most of a former DeVry University student’s claims stand in a suit that alleges the for-profit school falsely advertised that 90% of its graduates go on to find jobs and they're paid more than graduates of other schools.

  • October 09, 2019

    Cellphone Customers Divided On Automatic Call-Blocking

    Fewer than 40% of U.S. consumers want their mobile providers to automatically block calls from numbers that aren’t in their contacts, according to a new survey — a signal that the public might not be entirely enthused about efforts by the Federal Communications Commission and Congress to crack down on scam robocalls.

  • October 09, 2019

    LA Residents Get OK On $32M Gas Bill Overcharge Deal

    A California judge gave final approval Wednesday to a $32.5 million deal that resolves allegations that the City of Los Angeles overcharged 1.3 million residents millions of dollars by illegally including unrelated state fees when calculating the gas user tax added to their natural gas bills.

  • October 09, 2019

    Sens. Warn Payment Cos. On Dangers Of Sticking With Libra

    Two Democratic U.S. senators urged members of the Libra Association to proceed with caution and warned of the intense regulatory scrutiny extending beyond their involvement in Libra to the companies' existing business activities, should they stick with the project.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • A Weak Link In Consumers' FDA Test Claims

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    As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Data Privacy Compliance Best Practices For Asset Managers

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    An asset manager can more nimbly engage with the nuances of new data privacy legislation by following a best practices model, developed through universal protocols, that can more readily be adapted to comply with a variety of laws, say attorneys at Ropes & Gray.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • CFPB Abusiveness Claims Aren't Dead Yet

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    Initially, it appeared that Consumer Financial Protection Bureau Director Kathy Kraninger would avoid abusiveness claims, but a recent supervisory finding and an enforcement action alleging a mortgage relief services provider misled consumers suggest that Kraninger will not be shy about using the agency’s abusiveness authority, says Ori Lev at Mayer Brown.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

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    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • Email Notice Lessons From 7th Circ. Debt Collection Ruling

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    The Seventh Circuit's decision in Lavallee v. Med-1 doesn't mean that debt validation notices can’t be sent through email, and it’s unlikely to affect the Consumer Financial Protection Bureau’s proposed debt collection rule, but it does make clear that collectors must be careful when using electronic communications, say John Redding and Marshall Bell at Buckley.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Regulatory Scrutiny Exposes Crypto Oversight Challenges

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    A recent U.S. House Committee on Financial Services hearing highlights the lack of clarity on cryptocurrencies' legal obligations, as well as potentially shifting expectations as legislators and regulators consider how to oversee cryptocurrencies as a consumer financial product, say Duane Pozza and Antonio Reynolds at Wiley Rein.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.