Consumer Protection

  • July 26, 2017

    Vizio Denied Win In Smart TV Owners' Data Collection Spat

    TV maker Vizio Inc. can’t duck a retooled class action brought by consumers who say the company’s smart TVs are spying on them, a California federal judge ruled Tuesday, because while the company may have changed its ways, there are no assurances that it won’t slip up in the future.

  • July 26, 2017

    Apple Gets Faulty IPhone Screen Claims Trimmed

    A California federal judge on Tuesday tossed warranty claims and some consumer fraud claims against Apple Inc. in a proposed class action alleging the technology giant failed to fix a touchs creen defect in iPhone 6 and iPhone 6 Plus devices that caused unresponsiveness and bending.

  • July 26, 2017

    Time-Share Co. Accuses Law Firms Of Preying Upon Clients

    Two law firms were hit Tuesday in California federal court with a time-share group’s suit alleging they interfere in its relationships with clients by pretending through a fraudulent racketeering scheme to be affiliated with the group and an approved channel through which vacation owners can end time-share contracts.

  • July 26, 2017

    Judge Questions $1.12M Atty Fees In Vibrator Privacy Suit

    An Illinois federal magistrate judge on Tuesday recommended a lowered fee award for attorneys who represented a proposed class of consumers who alleged a sex toy maker had secretly collected user data from an internet-connected vibrator, saying more information is needed on whether their $1.12 million fee request reflected the amount of work put into the case.

  • July 25, 2017

    Apple Users Denied Cert. In 'Secure By Design' False Ad Suit

    A California federal judge on Tuesday refused to certify a class alleging Apple Inc. falsely advertised certain devices as “secure by design” when it knew third-party applications could siphon off private data, finding the consumers hadn’t shown they relied on statements about specific security features.

  • July 25, 2017

    Judge Puts Brakes On Calif. VW Emissions Deal Opt-Outs

    A San Francisco superior court judge said Tuesday she won’t lift a stay on 10 cases brought by Volkswagen owners who opted out of a federal multidistrict litigation settlement over the company’s emissions cheating software, saying she’d rather wait until hundreds of other opt-outs currently in federal court are remanded to state court.

  • July 25, 2017

    States Oppose Bill Codifying Ban On Remote Sales Tax

    The National Conference of State Legislatures and coalitions of retailers urged lawmakers Tuesday to ditch a bill codifying the U.S. Supreme Court’s 1992 decision barring interstate sales taxes, saying that the bill erodes state autonomy and negates significant consumer protections.

  • July 25, 2017

    SEC Chief Pans Fiduciary Rule In Letter To Labor Dept.

    U.S. Securities and Exchange Commissioner Michael Piwowar filed a public comment letter with the U.S. Department of Labor on Tuesday blasting its Obama-era rule requiring retirement advisers to act in their clients’ best interests.

  • July 25, 2017

    NJ Bill To Protect Shoppers' Personal Data Signed Into Law

    New Jersey Governor Chris Christie has signed legislation that places restrictions on retailers’ ability to collect and use personal information gleaned from driver’s licenses and other identification cards in an effort to crack down on data breaches and the sale of this information to marketers.

  • July 25, 2017

    Supplement Cos. Seek Out Of 'Protein Spiking' Row

    Supplement maker NBTY Inc. asked an Illinois federal court to toss several counts from a proposed class action alleging it overstated the amount of protein in one of its products, saying the Supreme Court’s recent Bristol Myers Squibb decision means out-of-state consumers must be pared from the suit.

  • July 25, 2017

    Dems Float Ban Of Brain Damage-Linked Pesticide

    Sens. Tom Udall, D-N.M., and Richard Blumenthal, D-Conn., introduced a bill Tuesday to ban a pesticide that U.S. Environmental Protection Agency head Scott Pruitt has refused to take off the market despite the regulator’s own science linking the chemical to brain damage and learning disabilities in children.

  • July 25, 2017

    Ocwen Says TCPA Claims Must Be Handled Case By Case

    Ocwen urged an Illinois federal judge Monday not to certify a proposed class of consumers who allegedly received unwanted autodialed calls from the company in violation of the Telephone Consumer Protection Act, asserting that it would be practically impossible to determine which of the more than 1 million potential class members consented to the calls.

  • July 25, 2017

    House Passes Repeal Of CFPB Arbitration Rule

    The Consumer Financial Protection Bureau’s latest rule against forced arbitration is one step closer to being repealed, following a Tuesday vote in the U.S. House of Representatives along party lines to nix the measure.

  • July 25, 2017

    Ford Must Face Some Fraud Claims In Hybrid Car Mileage Suit

    A New York federal judge on Monday threw out all claims brought by a proposed class of Ford hybrid car drivers over allegedly misleading advertisements about fuel efficiency, except for those brought by people who had relied on statements made in one of Ford’s “Hybrid Games” commercials.

  • July 25, 2017

    Weight Loss Supplement Co. Defends 'Adulterated' Product

    Weight loss supplement maker IQ Formulations LLC on Monday urged a Florida federal court to dismiss a suit brought by a potential class of customers accusing the company of selling adulterated products, arguing that it’s allowed to include a contested ingredient.

  • July 25, 2017

    Iron Workers To Spearhead Anadarko Securities Fraud Class

    A Texas federal judge Monday named the Iron Workers Benefit and Pension Fund as lead plaintiff for a putative class of investors who say Anadarko Petroleum Corp. violated federal securities laws by failing to disclose risks associated with its gas wells before a deadly explosion.

  • July 25, 2017

    Rams Lob Counterclaim At Fans, St. Louis Convention Center

    The Rams National Football League team has filed a counterclaim in Missouri federal court over personal seat licenses related to the team’s move from St. Louis to Los Angeles, denying liability for ticketholders’ claims and saying the claims should be against the group that sold the passes and not the team itself.

  • July 25, 2017

    Attys Want $4.45M In Fees In Wells Fargo's TCPA Settlement

    Attorneys representing a class of 3.2 million consumers who allege that Wells Fargo violated the Telephone Consumer Protection Act by autodialing their phones without consent asked a Georgia federal court on Monday to award them more than $4.45 million in fees after they secured a $14.8 million settlement to resolve the dispute.

  • July 24, 2017

    Divided 7th Circ. Revives Debtor's Wrong Venue Suit

    A deeply split Seventh Circuit on Monday revived a debtor's suit accusing the law firm of Blatt Hasenmiller Leibsker & Moore LLC of bringing charges against the individual in the wrong venue, finding that the panel's recent decision altering the venue rules for debt collection suits can apply retroactively to the debtor's suit.

  • July 24, 2017

    Groupon’s Deals Exclude People With Disabilities, Suit Says

    Chicago-based discount website Groupon Inc. discriminates against people with disabilities by not offering tickets for accessible seating at events and not providing options to book accessible hotel rooms, a consumer said Friday in a proposed class action.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • NY Cybersecurity Rules: Preparing For The August Deadline

    Theodore P. Augustinos

    On Aug. 28, many entities and individuals regulated by the New York Department of Financial Services, and even those subject to certain of the exemptions, will be required to be in compliance with several of the new cybersecurity regulation’s requirements, says Theodore Augustinos of Locke Lord LLP.

  • CFPB Shines Spotlight On Consumer Remittance Transfers

    Michelle Rogers

    No matter the results of the Consumer Financial Protection Bureau's plan to assess the effectiveness of its final rule governing consumer remittance transfers, increased scrutiny of providers in this area will likely continue without the benefit of any revisions to the rule or the CFPB’s practices. This makes it an opportune time for market participants to evaluate their own practices, say attorneys with BuckleySandler LLP.

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Attempting To Limit Class Action Waivers And The FAA

    John Hansen

    Two efforts are currently underway to limit the effect of the U.S. Supreme Court's past decisions involving anti-class action arbitration clauses in both consumer and employment agreements. However, both efforts are under attack, says John Hansen of John Hansen Law.

  • Shift In CPSC Leadership Means More Changes To Come

    Erin Bosman

    At the midpoint of 2017, a look back at the U.S. Consumer Product Safety Commission’s activity under the Trump administration shows changes in recalls and penalties relative to previous years, new focal points for safety initiatives and enforcement, and a key development from the White House that could affect the CPSC’s regulatory approach in the future, say attorneys with Morrison & Foerster LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Unclear Consequences For Lenders Asking Language Choice

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    When should mortgage lenders be required to conduct business in a foreign language because the consumer has expressed a preference for a different language? This is only one of the questions that is “top of mind” for lenders, servicers and loan-holders who have read the Federal Housing Finance Agency’s recent request for input on language access in mortgage lending and servicing, say Laurence Platt and Tori Shinohara of Mayer Brown LLP.

  • Autonomous Vehicles And European Data Protection: Part 2

    Oliver Yaros

    Many industry stakeholders are interested in making use of the vast amount of data that will be generated by connected and autonomous vehicles. But the need for compliance with Europe's strict data protection laws will require a “privacy by design” and “privacy by default” approach, say Oliver Yaros and Ryota Nishikawa of Mayer Brown LLP.