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Consumer Protection
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June 02, 2023
Facebook Slips DC's Privacy Suit Over Apps' Data Harvesting
A D.C. Superior Court judge has freed Facebook from a lawsuit brought by the district's attorney general in the wake of the Cambridge Analytica data harvesting scandal, finding that the social media giant hadn't misled users about its third-party app monitoring practices or its "swift" response to the sprawling data misuse incident.
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June 02, 2023
GOP House Committee Chairs Unveil Crypto Framework
The chairs of the House Financial Services and Agriculture Committees unveiled a plan Friday to divvy up the regulation of the crypto industry between the nation's commodities and securities regulators.
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June 02, 2023
9th Circ. Revives Lanham Act Suit As Dissent Raises Red Flag
A split Ninth Circuit panel on Friday revived Enigma Software's unfair competition lawsuit against Malwarebytes Inc. over the cybersecurity company labeling Enigma's software as a threat, with the dissenting judge saying the decision sends "a chilling message" that cybersecurity companies could be held liable by classifying a program as malware.
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June 02, 2023
BofA Seeks Ax Of 'Inflammatory' Wire Transfer Fees Suit
Bank of America has fired back at a proposed consumer class action accusing it of charging millions of dollars in unlawful hidden fees for incoming wire transfers, telling a North Carolina federal court that the case distorts the bank's account agreements and should be thrown out.
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June 02, 2023
Oakland Schools Say Social Media Cos. Causing Health Crisis
The Oakland Unified School District sued Meta, Google and other major social media companies in Los Angeles Superior Court, alleging that their platforms are responsible for causing a mental health crisis among America's youth that requires school districts to increase their funding for mental health programs and counselors.
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June 02, 2023
Judge OKs $976K In Legal Fees In Citrix Autodialer Suit
A federal judge in Maryland has given final approval to a $2.75 million settlement between Citrix Systems Inc. and a group of people claiming the company engaged in illegal telemarketing calls to sell their products.
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June 02, 2023
Top Groups Lobbying The FCC
In the month of May, the Federal Communications Commission heard from interest groups lobbying the agency on issues ranging from the rollout of next-generation 911 to rural broadband funding, freeing up the airwaves, regulatory fees and more.
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June 02, 2023
Judge Trims Health Co.'s Ransomware Suit Against Blackbaud
A federal judge in Indiana has pared down a lawsuit brought by Trinity Health and its insurer against software company Blackbaud over a 2020 ransomware attack, suggesting that Blackbaud did not have a common law duty under Indiana state law to safeguard the exposed data.
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June 02, 2023
Ga. Judge OKs Settlement In Delta's COVID Refund Suit
A Georgia federal judge on Friday preliminarily approved a class settlement in a case in which customers seeking refunds on flights canceled during the coronavirus pandemic sued Delta Air Lines Inc., saying the deal represented an "excellent recovery" for the settlement class.
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June 02, 2023
Kia And Hyundai Slapped With Another Car Theft Loss Suit
Another group of insurers has sued Kia and Hyundai in California federal court, alleging that the manufacturers' failure to install anti-theft machinery on millions of vehicles left insurers liable for losses when those vehicles were stolen or damaged.
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June 02, 2023
6th Circ. Nixes Securities Suit Against Blockchain Co.
The Sixth Circuit on Friday dismissed a securities fraud suit from investors in a blockchain company, saying counsel failed to satisfy numerous obligations.
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June 02, 2023
JPML Groups Bass Pro Website Spying Suits In Pennsylvania
Bass Pro Shops and its subsidiary retail chain Cabela's will face all the proposed class actions accusing them of wiretapping consumers by using "session replay" software on their websites in Pennsylvania federal court, according to a Friday order consolidating the suits.
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June 02, 2023
JPML Consolidates T-Mobile Data Breach Suits In Missouri
The Judicial Panel on Multidistrict Litigation on Friday consolidated in the Western District of Missouri a slew of proposed class actions against T-Mobile over a data breach that occurred in 2022, finding that consolidation will best serve the parties and that the Missouri court was supported by T-Mobile and some plaintiffs.
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June 02, 2023
10th Circ. Backs Early Win For FCA In Airbag Defect Suit
A New Mexico driver suing FCA US over an allegedly faulty airbag will not be allowed to revive his case after the Tenth Circuit ruled on Friday that a lower court properly dismissed the suit when the driver failed to provide an expert witness to substantiate the driver's claims.
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June 02, 2023
NC City Fights $5M Judgment For Water Fees Class
The city of Greensboro, North Carolina, told the state Court of Appeals to free it from a $5 million judgment on builders' class claims over water service fees, saying it didn't levy the fees prior to the operation of the system.
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June 02, 2023
GM Must Face Fraud, Omission Claims In 'Flex Fuel' Suit
An Illinois federal judge held Friday that GM must face two claims in a potential class action alleging the company duped buyers by failing to tell them upfront that "flex fuel" cars can be damaged by excessive use of ethanol-based fuel, allowing the drivers' deceptive omission and fraudulent concealment allegations to move forward.
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June 02, 2023
T-Mobile Asks FCC To Rev Up School Bus Wi-Fi Plan
T-Mobile wants the Federal Communications Commission to take the plunge and make school bus Wi-Fi one of the services eligible for reimbursement under the agency's E-rate subsidy program before it's too late for schools to take advantage of the change in fiscal 2024.
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June 02, 2023
6th Circ. Revives TCPA Suit Against Direct Energy
The Sixth Circuit has revived a Telephone Consumer Protection Act suit alleging Direct Energy LP sent a consumer ringless voicemails, overturning a district court ruling that axed the suit on the grounds that the consumer suffered no concrete harm from receiving one.
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June 02, 2023
Asset Seizure Targets Offices Linked To Consumer Debt Firm
Under a police watch, a bankruptcy trustee and his employees in California seized property from a set of offices on Friday with ties to the now-bankrupt law firm Litigation Practice Group and its leader, disbarred attorney Tony Diab, the firm's court-appointed bankruptcy trustee confirmed.
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June 02, 2023
Chicago Tortilla Maker Sued Over Pay And Privacy Violations
A deliveryman has hit a longtime Chicago-based tortilla manufacturer with a proposed class and collective action, claiming it fails to pay drivers the correct minimum and overtime wages, and has also illegally collected and stored its employees' biometric data without their consent.
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June 02, 2023
Boston Fund's Debt-To-Stock Plays Broke Rules, SEC Says
Boston investment firm Auctus Fund broke securities laws by harvesting deeply discounted shares of cash-strapped public companies through debt agreements that helped the hedge fund make more than $100 million in profit over nearly a decade, according to the U.S. Securities and Exchange Commission.
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June 02, 2023
Procter & Gamble Hit With TCPA Suit Over Toothbrush Texts
The Procter & Gamble Co. disregarded the National Do Not Call Registry and ignored individual consumers' requests that it stop texting them about its toothbrush maker subsidiary Oral-B, according to a new proposed class action in Ohio federal court.
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June 02, 2023
US Moves Toward Legal Dispute Over Mexico's Corn Policy
The Biden administration announced a new round of talks with Mexico on Friday over its efforts to ban U.S. corn for human consumption, pushing the disagreement over genetically modified crops one step closer to a full-fledged trade dispute.
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June 02, 2023
Sidley Expands Antitrust Practice In DC With Ex-Weil Atty
Sidley Austin LLP has added a former Weil Gotshal & Manges LLP partner, who spent nearly the past two decades focusing her practice on antitrust and competition matters, the firm recently announced.
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June 01, 2023
FTC's Khan Accused Of 'Abuse Of Power' In House Probe
The chairman of the House Committee on Oversight and Accountability announced Thursday that it is opening an investigation into allegations the Federal Trade Commission, under the leadership of Chair Lina Khan, is "abusing its power and disregarding the rule of law."
Expert Analysis
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How Fla. Amendment Changes The State's Mini-TCPA
Gov. Ron Desantis recently signed amendments that will roll back Florida's mini-Telephone Consumer Protection Act by getting rid of the capacious definition of an autodialer, leaving the courts to sort out where the lines fall in Florida Telephone Solicitation Act litigation, says Aaron Weiss at Carlton Fields.
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SEC Actions Show Tough Crypto Stance So Far This Year
Through the first half of 2023, the U.S. Securities and Exchange Commission has reiterated innovative arguments and heftier penalties within the cryptocurrency enforcement landscape, emphasizing its position that crypto assets are securities and thus under its jurisdiction, say attorneys at Willkie.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Sanctions Compliance In Era Of Record Enforcement Action
The recent record-breaking penalties in separate actions against British American Tobacco and Seagate amid a sanctions violation crackdown are a reminder to prioritize factors emphasized by the National Security Division and other enforcement agencies, say attorneys at Buchanan Ingersoll.
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JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk
The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.
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Financial Industry Must Beware Rising BIPA Litigation Tide
As Biometric Information Privacy Act litigation engulfs more financial institutions, it’s important that they evaluate their practices for collecting biometric data, and to consider whether their vendors should comply with BIPA’s requirements, and even some related California laws, say attorneys at Katten.
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Dealing With Dogmatic Jurors: Voir Dire And Trial Strategies
Dogmatic jurors — whose rigid reliance on external authority can inhibit accurate, objective decision making — may be both good and bad for plaintiffs and defense counsel, so attorneys should understand how to identify such jurors in voir dire and how to meet them where they are during trial, say consultants at Courtroom Sciences.
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Legal Pitfalls To Watch For When Advertising Psychedelics
As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.
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New FTC Policy On Biometric Information Creates New Risks
In the absence of a comprehensive national data privacy regime, a new Federal Trade Commission policy shows the agency’s willingness to take action against companies using biometrics in ways the FTC deems unfair, but the guidance creates more questions than answers, and some of it appears unrealistic, say attorneys at Faegre Drinker.
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Opinion
Federal Restrictions On Phthalates Are Long Overdue
The health risks of phthalates — chemicals used to increase the durability and flexibility of plastics, and found in hundreds of household products — have been known for decades, so the lack of comprehensive federal policies restricting their use is a problem, given the compelling warnings of their hazards, says Vineet Dubey at Custodio & Dubey.
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How The US And UK Differ On Crypto Regulation
While the U.K. and U.S. share strong economic ties, their approaches to crypto regulation differ wildly, with the U.K. setting bespoke rules through legislation and the U.S. taking a fragmented, and arguably hostile, approach to regulating crypto-assets, most often happening through enforcement, say attorneys at BCLP.
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USDA Salmonella Proposal Propels New Food Safety Journey
The U.S. Department of Agriculture's recent proposed policy to declare salmonella an adulterant in breaded stuffed raw chicken products could have major implications not only for the specialized products at issue, but also the entire poultry industry and beyond, say Bob Hibbert and Amaru Sanchez at Wiley.
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Endorsement Lessons From Google False Ad Settlements
Google's recent settlements with Texas, the Federal Trade Commission and six state attorneys general over deceiving endorsements from iHeartMedia DJs hold lessons that apply to any company using endorsers to promote their products or services, and provides important insights into how multistate investigations work, say Gonzalo Mon and Paul Singer at Kelley Drye.
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Looking For Plausibility In FTC's Amgen Merger Challenge
The Federal Trade Commission is seeking to block Amgen's acquisition of Horizon, alleging that, if consummated, the deal would violate Section 7 of the Clayton Act — but this may be the first merger complaint in a generation that could be dismissed for failing to state a claim, say William MacLeod and David Evans at Kelley Drye.