Consumer Protection

Expert Analysis

• 3 Tech Competition Concerns In The EU And Australia

  

  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'

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.