Consumer Protection

  • May 27, 2022

    Chicken Buyers Get Class Cert. In Sprawling Price-Fixing Suit

    An Illinois federal judge on Friday certified classes of direct purchasers, indirect purchasers and end-user consumers in a sprawling antitrust lawsuit alleging more than a dozen major broiler chicken producers, including Sanderson Farms Inc. and Perdue Foods, conspired to limit chicken production to boost prices.

  • May 27, 2022

    Cyber Training Center To Give State AGs Enforcement Boost

    State attorneys general have launched a new center to bolster their coordination and education on cyber and technology issues, putting them on stronger footing to pursue more complex probes into how BigTech and other major companies use and secure consumers' data.

  • May 27, 2022

    Altaba Says Canada Rulings Back Cutting $800M Suit Reserve

    Attorneys for Yahoo's former parent told a Delaware vice chancellor on Friday that recent events in two Canadian courts support drastically reducing an $800 million holdback for future court settlements with Canadian subscriber victims of privacy breaches between 2013 and 2016.

  • May 27, 2022

    9th Circ. Partly Revives Fiat Chrysler Lifetime Warranty Spat

    The Ninth Circuit partly revived a driver's breach of contract suit alleging Fiat Chrysler improperly voided service contracts for Jeep vehicles based on a sneaky inspection clause in the vehicle's lifetime powertrain warranty, finding Friday that some contract terms in dispute were ambiguous.

  • May 27, 2022

    Google Settles Play Store Suit With App Developers

    Google is following in Apple's footsteps with a newly announced deal resolving claims from app developers even as it continues to battle antitrust allegations over the Android Play Store from Epic Games, state attorneys general and consumers who sought class certification Thursday.

  • May 27, 2022

    Calif. AG Tells 9th Circ. District Attys Can Sue National Bank

    California's attorney general is urging the Ninth Circuit to reject a national bank's federal challenge to a consumer protection case brought by local prosecutors in the state, arguing that their ability to go after banks for business practices banned under state law is at risk.

  • May 27, 2022

    Comerica Hit With Fraud Suit Over Child Support Debit Card

    A Pennsylvania woman has filed a proposed class action against Mastercard, Comerica and a company that administers a debit card program for child support in the state, alleging she was left vulnerable to fraud and could not block foreign, fraudulent charges appearing on her account.

  • May 27, 2022

    SEC's Investor Advocate To Leave Agency After 8 Years

    The U.S. Securities and Exchange Commission's top official representing investors said Friday he was stepping down after more than eight years of service, effective July 1.

  • May 27, 2022

    Twitter's $150M Privacy Fine Shows Cost Of Misleading Users

    Twitter's agreement to pay $150 million to resolve charges it breached a 2011 agreement not to mislead consumers about how their data is used reinforces a key principle of privacy law, observers say, despite the fine landing on the low end of the company's projection.

  • May 26, 2022

    Teva And Cephalon's Marketing Ignored Plea Deal, Judge Told

    Teva and Cephalon improperly peddled their painkiller Fentora even after Cephalon reached a 2008 plea agreement to resolve criminal claims it marketed a different opioid for unapproved uses, San Francisco's lawyer told the federal judge overseeing a bench trial on claims the companies and others illegally fueled the city's opioid epidemic.

  • May 26, 2022

    Ex-Theranos Exec's Fraud Trial Delayed Until June 7

    Former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial, which was scheduled to resume with the defense's first full day of witness testimony Friday, has been delayed until June 7, according to a clerk's notice filed late Wednesday.

  • May 26, 2022

    DeSantis Signs Slate Of Property Insurance Bills

    Florida Gov. Ron DeSantis signed into law a slew of property insurance bills Thursday, following efforts by some lawmakers to amend a $2 billion reinsurance program — described as a bailout to help insurers with significant losses.

  • May 26, 2022

    Drink Co. Touted Health Claims To Skirt Calif. Fees, Jury Told

    A former Joint Juice marketing executive testifying in a class action consumer protection trial over Joint Juice's health claims conceded Thursday that the company told California regulators that its drinks were "over-the-counter medication" and therefore exempt from state beverage recycling fees, even though executives knew that the drinks' health benefits were limited.

  • May 26, 2022

    Firm To Pay $4M To End Suit Over Faulty Background Checks

    Inflection Risk Solutions has agreed to pay $4 million to end a proposed class action filed by a customer who was banned from Airbnb after Inflection misreported his criminal conviction in violation of the Fair Credit Reporting Act, according to a preliminary approval motion filed Thursday in Minnesota federal court.

  • May 26, 2022

    Cardinal Investors Reach $124M Settlement In Opioid Suit

    Directors of Cardinal Health Inc. and the company's investors have reached a $124 million settlement resolving claims of a shareholder derivative suit that the directors failed to protect the company from liability in the opioid crisis.

  • May 26, 2022

    Fla. Regulator Wants Access To VW Emissions Software

    A Florida environmental regulator wants a California federal judge to let it analyze individual components of software installed by Volkswagen in a lawsuit over whether the company's emissions and fuel-economy tests were manipulated for nearly 500,000 Porsche vehicles to make them seem more environmentally friendly than they were.

  • May 26, 2022

    CFPB Says 'Black Box' Lenders Must Explain Credit Decisions

    Lenders that use complex algorithms to make credit decisions must be able to explain why a would-be borrower was turned down, or else risk running afoul of the law, the Consumer Financial Protection Bureau said Thursday.

  • May 26, 2022

    Void Insurance Buyers May Seek Premiums, Del. Court Says

    Unwitting second-hand buyers of life insurance schemes that allow speculators to take out policies on the life of a stranger and profit if the person dies early may recover premiums if they can prove they are legally entitled to them, the Delaware Supreme Court said Thursday.

  • May 26, 2022

    Microsoft Hit With BIPA Suit Over Photo App's Facial Scans

    Microsoft has been hit with a proposed class action in Illinois state court claiming that the Photos app in Windows 10 and 11 uses geometric facial data to identify facial expressions and group similar pictures, in violation of Illinois' biometric privacy law.

  • May 26, 2022

    J&J Unit Hit With BIPA Suit Over Skin Care App's Face Scans

    A Johnson & Johnson subsidiary has been accused of violating state privacy laws in Illinois involving the collection and storage of biometric information through a digital skin care program that scans consumers' faces to recommend specific beauty products.

  • May 26, 2022

    Suits Over Rats At Family Dollar Belong In Tenn., Panel Told

    The pending closure of a Family Dollar distribution center in Arkansas makes a federal district court in Memphis, Tennessee, the best place to consolidate lawsuits over allegations that rodents at that warehouse contaminated products, attorneys for the plaintiffs told the Judicial Panel on Multidistrict Litigation on Thursday.

  • May 26, 2022

    USTelecom Fights FCC Over Broadband 'Nutrition' Labels

    A trade group voiced concern with several proposals tied to prospective broadband "nutrition" labels, telling the Federal Communications Commission in a pair of meetings this week that including labels on monthly bills would be too costly and wouldn't benefit consumers.

  • May 26, 2022

    Icahn Loses Proxy Fight With McDonald's Over Animal Welfare

    Private equity magnate Carl Icahn lost his fight against McDonald's in seeking to improve the treatment of pigs in the fast-food giant's supply chain, with the company announcing Thursday that just 1% of shareholders voted to support the two director nominees that the billionaire activist investor had put forward as part of his efforts.

  • May 26, 2022

    FCC Seeks Public Input On Telecom Merger Compliance

    The Federal Communications Commission has opened a trio of public dockets to track how well Verizon is meeting its commitments after merging with TracFone and for two other high-profile deals involving T-Mobile and Dish.

  • May 26, 2022

    'We Are Under Attack': Judge Warns Of Threats To Judiciary

    U.S. District Judge Reggie B. Walton said Thursday that he's endured threats and racist attacks while adjudicating cases involving the Jan. 6 attack on the U.S. Capitol, remarking that while that won't stop him from carrying out the law, he worries other jurists may be deterred.

Expert Analysis

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • How Proposed FTC Shift May Affect Influencer Campaigns

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    Gonzalo Mon at Kelley Drye discusses the Federal Trade Commission's recent proposed changes to its ground rules for endorsements, including how they relate to previous guidance, and considers what attorneys should be thinking about when they look at new influencer campaigns.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • Issues To Watch In Decentralized Autonomous Org Case

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    A class action filed earlier this month by users of decentralized finance platform bZx highlights novel questions of liability and duty within decentralized autonomous organizations that stakeholders should consider, say Andrew Balthazor and Ashley Shively at Holland & Knight.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Knotty FTC Adjudication Risks Becoming Even More Tangled

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    Following last year's U.S. Supreme Court decision in AMG, the Federal Trade Commission has pivoted to litigation in its own administrative tribunal, and the odds are stacked against FTC targets in these lightning speed proceedings, which has raised due process questions and the specter that these actions could be significantly reshaped through the courts, say attorneys at Covington.

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • 9th Circ. FCRA Ruling Highlights Furnishers' Role In Disputes

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    A recent Ninth Circuit decision in a consumer credit reporting suit against CitiMortgage raises a host of legal questions, and is an opportunity for creditors that furnish information to consumer reporting agencies to evaluate how they respond to consumer disputes and assess their overall compliance with the Fair Credit Reporting Act, say Sasha Leonhardt and Cierra Newman at Buckley.

  • 11th Circ. Ban On Service Awards May Inhibit Class Actions

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    Since the Johnson v. NPAS Solutions decision in 2020, the long-established practice of service awards for representative plaintiffs in class actions has fallen under a cloud in the Eleventh Circuit — and while the case remains an outlier, it may make class actions more difficult to bring in that jurisdiction, say William Reiss and Dave Rochelson at Robins Kaplan.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • What FDA Warning Letters Signal About Delta-8 Enforcement

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    The U.S. Food and Drug Administration’s recent warning letters to five companies represent the agency’s first attempt to target products containing Delta-8 THC, and suggest that it will likely follow its CBD playbook, using a risk-based strategy that focuses on products appealing to children and those making unapproved health claims, say attorneys at Perkins Coie.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Opinion

    ALI Oversteps With Expansive Restatement Of Contract Law

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    The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

  • Opinion

    New Procedures Deepen CFPB Adjudication Advantage

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    The Consumer Financial Protection Bureau's recently updated rules for adjudication proceedings increase the bureau's home court advantage, inviting fresh scrutiny of the fundamental fairness of a forum in which the CFPB writes the rules, plays the game and serves as the umpire, say Eric Mogilnicki and Benjamin Seymour at Covington.

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