Consumer Protection

  • August 21, 2019

    Mass. Driver Asks 1st Circ. To Revive Mercedes Defect Suit

    A Massachusetts Mercedes-Benz owner asked the First Circuit on Tuesday to revive his proposed class action against the luxury car maker, claiming a judge was wrong to dismiss the suit over “catastrophic” radiator defects that pose safety issues and require pricey repairs.

  • August 21, 2019

    Top EU Data Privacy Watchdog Buttarelli Dies

    Giovanni Buttarelli, who as Europe's data protection supervisor was an influential adviser in shaping the bloc's privacy laws, has died at the age of 62, his office said Wednesday.

  • August 20, 2019

    Calif. Surgeon Testifies J&J Mesh Has Low Complication Rate

    A practicing surgeon who chairs the University of California San Diego’s gynecology department told a California judge on Tuesday that pelvic meshes made by Johnson & Johnson unit Ethicon have low rates of complications and that some of the problems could occur with any pelvic surgery, as the company begins its defense in the false-marketing trial.

  • August 20, 2019

    Amazon Can't Ditch Claims Over Fire-Prone Hoverboard

    Amazon must face claims of negligent misrepresentation and consumer fraud lobbed by an insurance company accusing the online retailer of selling hoverboards with counterfeit Samsung batteries that can combust and cause fires, an Illinois federal judge said Tuesday.

  • August 20, 2019

    NY Parents Can't Keep Vaccine Exemption For Disabled Kids

    A New York federal judge has denied an attempt by six parents of disabled children to block a recent law repealing a religious exemption to mandatory vaccinations in New York schools, saying the state’s mandate doesn’t contravene federal disability law or the U.S. Constitution.

  • August 20, 2019

    Mariners ADA Suit To Continue Over Seat Location, Sightlines

    Whether the Seattle Mariners must add more wheelchair-accessible seats and whether those seats must provide sightlines over standing spectators are questions for a jury to decide, a Washington judge has ruled, after siding with wheelchair-bound fans on some claims that T-Mobile Park is not compliant with the Americans with Disabilities Act.

  • August 20, 2019

    Delta Urges 1st Circ. Not To Revive 'False Imprisonment' Suit

    Delta told the First Circuit on Tuesday that a federal judge got it right when he dismissed a suit brought by a noted Massachusetts doctor who claimed the airline detained him against his will because the man's claims were preempted by the Montreal Convention treaty on international air travel.

  • August 20, 2019

    ViSalus, Consumers Brawl Over Decert. Bid In Robocall Suit

    ViSalus Inc. and a consumer class fighting a high-stakes robocall lawsuit are escalating their feud over whether an Oregon federal judge should dismantle the class after the Federal Communications Commission retroactively waived violations for many of the unwanted marketing calls that triggered the legal action.

  • August 20, 2019

    State Farm Can't Dodge Suit Over Life Insurance Costs

    State Farm must face claims it violated its life insurance policy by calculating the cost of insurance using factors not listed in the policy, a California federal judge ruled Monday, finding the language in the policy is “ambiguous,” meaning the contract must be construed in favor of the insured.

  • August 20, 2019

    Herbicide Co. To Pay $2.5M To Settle False Ad Claims

    United Industries Corp. agreed to pay $2.5 million to settle a proposed class action over the company's alleged false claims over the amount of herbicide that could be made from bottles of its concentrate, court records show.

  • August 20, 2019

    More Than 20 Texas Towns Hit By Ransomware Attacks

    More than 20 local Texas governments have become the latest publicized victims of ransomware, with hackers demanding digital payment to unlock computer networks in what state officials have called coordinated attacks.

  • August 20, 2019

    Honey Buyer Seeks Class Cert. In Suit Over 'Pure' Labels

    A woman who claims that Sue Bee honey products are misleadingly labeled as "100% pure" when they actually contain residue of glyphosate, the active ingredient in the weedkiller Roundup, asked a California federal judge Friday to certify a class of consumers, saying her suit rests on a common contention.

  • August 20, 2019

    FCC Calls CenturyLink Outage 'Unacceptable,' But No Fine Yet

    Federal Communications Commission head Ajit Pai blasted CenturyLink's day-and-a-half-long network failure last year as "completely unacceptable" and called on communications providers to take steps to prevent similar outages, but the agency stopped short of doling out any penalties.

  • August 20, 2019

    Pfizer Says It Shouldn't Be Included In EpiPen Class Cert. Bid

    Pfizer is fighting to keep a Kansas federal judge from certifying five classes of consumers who say the pharmaceutical giant had a hand in delaying the entry of a generic version of the EpiPen as the price of the branded emergency allergy treatment continued to skyrocket.

  • August 20, 2019

    Feds Say Fake PAC Man Who Used Beto Site Is On The Lam

    A California man accused of pilfering $250,000 from web surfers who thought they were supporting the political action committees of prominent politicians like Beto O'Rourke jumped bail after appearing in Arizona and is on the lam, federal authorities in New York said Tuesday.

  • August 20, 2019

    Navajo Nation Ends Appeal Of Wells Fargo Fake Accounts Suit

    The Navajo Nation has reached a $6.5 million settlement with Wells Fargo, ending the Tenth Circuit appeal that sought to revive claims the bank systematically targeted tribe members as part of a campaign involving opening fraudulent bank accounts in their names or pressuring them to open unnecessary accounts.

  • August 20, 2019

    FDA Accused Of Dodging Food Safety Mandate

    Two consumer groups have sued the U.S. Food and Drug Administration in California federal court, accusing the agency of shirking its responsibilities by failing to establish inspection programs mandated by the Food Safety Modernization Act.

  • August 19, 2019

    11th Circ. Urged To Ignore FCC Rule Change In Fax Ad Suit

    Two hotel operators are pushing the full Eleventh Circuit to review the dismissal of their proposed class action accusing Safemark of unlawfully disseminating fax advertisements, arguing that the Federal Communications Commission lacked the authority to retroactively waive the requirement to include opt-out notices on such messages. 

  • August 19, 2019

    California Rests Case In Ethicon Mesh False-Marketing Trial

    After five weeks of testimony, the state of California rested its main case Monday in the false-marketing trial against Johnson & Johnson and its Ethicon unit regarding a supposed failure to fully warn doctors and patients about the dangers of certain Ethicon surgical meshes.

  • August 19, 2019

    Husch Blackwell Boosts Phoenix Office With Lewis Roca Team

    Husch Blackwell has beefed up its Phoenix office with a four-attorney team specializing in complex commercial litigation that signed on from Lewis Roca.

  • August 19, 2019

    Irish Data Watchdog Halts Public Service Card Info Culling

    Ireland’s social protection department came under fire Friday over privacy concerns related to the cards citizens use to access public services, with the Data Protection Commission ordering the department to stop processing personal data for cards issued in connection with other agencies' offerings.

  • August 19, 2019

    Location Privacy Warrant Lines Still Murky After Carpenter

    District courts have been reluctant to require warrants for access to digital records beyond the historical cellphone location data covered by the U.S. Supreme Court's Carpenter decision, but appellate courts may end up flipping the script as criminal defendants and service providers continue to fight back.

  • August 19, 2019

    Twitter, FB Say China Accounts Targeted Hong Kong Protests

    Twitter and Facebook on Monday took down nearly 1,000 inauthentic accounts they said were linked to a Chinese government disinformation campaign aimed at undermining the ongoing protests in Hong Kong.

  • August 19, 2019

    Class Cert. Stripped From Fla. Robocall Suit

    A class representing consumers who say they were recipients of unwelcome calls from a Florida-based payment processor will be unraveled after it came to light that many of the calls were made from an overseas call center, a Florida federal judge has ruled.

  • August 19, 2019

    UHS Directors Escape Derivative Suit Over Billing Practices

    A Pennsylvania federal judge on Monday dismissed a derivative suit alleging Universal Health Services Inc. officers and directors misled investors about an overbilling scheme, saying the investors should have asked the UHS board to bring the litigation before they did.

Expert Analysis

  • 3 Tech Competition Concerns In The EU And Australia

    Author Photo

    Recent cases involving major technology companies and their acquisition of smaller firms have called international attention to the adequacy of competition policy frameworks, and recent proposals in Europe and Australia reveal the onset of an interventionist approach from regulators, say analysts at Cornerstone Research.

  • Workshop Marks Start Of FTC Interest In Gaming 'Loot Boxes'

    Author Photo

    Earlier this month, the Federal Trade Commission held a full-day workshop to address consumer protection issues regarding video game "loot boxes" — randomized or surprise in-game virtual rewards that players buy or earn — and joined a growing list of policymakers to consider consumer protection issues in this area, say Janis Kestenbaum and Ariel Glickman at Perkins Coie.

  • A Robust Federal Consumer Protection Law May Be Ahead

    Author Photo

    The U.S. Department of Justice, the Federal Trade Commission and the Consumer Financial Protection Bureau all recently announced pushes into data privacy and security through consumer protection enforcement, suggesting that they could be developing the foundation for a new U.S. federal privacy statute, say Brad Elbein and Linda Priebe of Culhane Meadows.

  • Issues To Avoid In Fintech, Consumer Financial Services M&A

    Author Photo

    Fintech-specific considerations and persistent regulatory scrutiny highlight the need to understand the risks involved — and necessary due diligence — before acquiring a consumer financial products and services business, says Jonathan Pompan at Venable.

  • Class Settlements And The Risks Of Viral Media Attention

    Author Photo

    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

    Author Photo

    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • What Cos. Should Consider To Prep For Nev. Data Privacy Law

    Author Photo

    Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

  • Calif. Justices Set Low Bar For Website Bias Claims

    Author Photo

    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • Ohio's Payday Lending Regs May Inform Other State Efforts

    Author Photo

    With the U.S. Consumer Financial Protection Bureau's rules to rein in payday lending on hold indefinitely, state legislatures seeking to fill the regulatory void may look to the successes and failures of Ohio's Fairness in Lending Act, elements of which recently went into effect, say attorneys at Isaac Wiles.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

    Author Photo

    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

    Author Photo

    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • FCC's Caller ID Rules Contribute To Spoofed Calls Crackdown

    Author Photo

    As the Federal Communications Commission's enhanced Truth in Caller ID rules take effect, there will be continued pressure on the FCC to demonstrate that its efforts against spoofed calls are working, say Laura Phillips and Qiusi Newcom of Drinker Biddle.

  • Pa. Justices Could Shift State's Consumer Litigation

    Author Photo

    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • GDPR Lessons Can Prep US Cos. For State Data Privacy Laws

    Author Photo

    Companies that have completed the requirements for compliance with the EU General Data Protection Regulation can apply key steps from that process toward ensuring compliance with the California Consumer Privacy Act and a number of other proposed U.S. state data security laws, says Teresa Troester-Falk of Nymity.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

    Author Photo

    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.