Consumer Protection

  • February 21, 2017

    Top 4 Groups Lobbying The FCC

    As Federal Communications Commission Chairman Ajit Pai approaches one month into his chairmanship, industry stakeholders have begun lobbying the new FCC, advocating on issues such as how to distribute universal service funds and make way for 5G infrastructure. Here, Law360 looks at the top four groups that have filed ex partes in the last month.

  • February 21, 2017

    Yahoo Shareholders Sue Over Massive Data Breaches

    A group of Yahoo Inc. shareholders has filed a derivative complaint in Delaware Chancery Court claiming the company breached its fiduciary duty by failing to properly alert consumers that nearly 1.5 billion of its users’ data was stolen by hackers, which was disclosed late last year.

  • February 21, 2017

    Syngenta MDL Class Counsel Want Other Law Firms To Butt Out

    Class counsel for a nationwide group of corn producers, as well as groups from eight states, in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn accused several law firms of trying to steal their clients, asking a Kansas federal court Friday to direct the firms to stay away.

  • February 21, 2017

    Class Cert. Won't Fly In Delta Fee Suit, 11th Circ. Told

    Delta Air Lines Inc. and AirTran Airways Inc. on Friday told the Eleventh Circuit it would be impractical to uphold a district court's certification of a class of about 28 million passengers in a suit alleging the airlines colluded to institute a first-checked baggage fee.

  • February 21, 2017

    Last 2 Condo Owners Settle Fraud Claims Against Kushner Biz

    The real estate firm formerly run by President Donald Trump's son-in-law Jared Kushner and the last two condominium owners pursuing consumer fraud claims against the business told a New Jersey state judge Tuesday they had reached a settlement in the second trial in the case.

  • February 21, 2017

    Samsung Says 4 Exploding Phone Suits Too Few For MDL

    Samsung Electronics America Inc. and a party suing it have both formally opposed consolidating four proposed class actions in New York and California into multidistrict litigation alleging that Samsung has ignored overheating dangers in models other than the Galaxy Note 7, which was recalled after dozens burst into flames.

  • February 21, 2017

    GrubHub Hit With TCPA Class Action Over Auto-Texting

    A Colorado resident launched a proposed class action against GrubHub on Friday in Illinois federal court, claiming that though he’d never before used the take-out delivery service, it repeatedly sent him unauthorized, automated text messages in violation of the Telephone Consumer Protection Act.

  • February 17, 2017

    9th Circ. Doubts Timeliness Of Amgen Off-Label Sales Suit

    A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.

  • February 17, 2017

    DOL Notches Win Against Insurer's Fiduciary Rule Challenge

    A Kansas federal judge on Friday sided with the U.S. Department of Labor in upholding a new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, finding the agency did not exceed its authority in ushering it in.

  • February 17, 2017

    Revamped Card Security On Buffet's Menu To End AG Probe

    A Chinese restaurant in Vermont has agreed to pay $30,000 and improve its credit card security practices to resolve the state attorney general's claims that an employee stole card numbers in 2014 and compromised at least 100 customers' personal data, the regulator said Thursday.

  • February 17, 2017

    Ocwen Inks $225M Deal Over Backdating Calif. Loan Docs

    Ocwen Loan Servicing LLC agreed on Friday to a $225 million deal resolving allegations brought by the California Department of Business Oversight that the mortgage servicer backdated mortgage payment notices and restoring Ocwen’s ability to service new California mortgages.

  • February 17, 2017

    Shopper Says Nordstrom Misleadingly Advertises Sales

    After one too many shopping trips at Nordstrom allegedly ended with the clothing retailer not delivering on its promise of certain advertised prices, an Alaska woman took action with a lawsuit on Thursday in federal court accusing the company of fraud.

  • February 17, 2017

    Time Can't Use Spokeo To Dodge Mich. Video Privacy Action

    A Michigan federal judge has refused to nix a proposed class action accusing Time Inc. of violating Michigan's Video Rental Privacy Act, ruling that the publisher's alleged disclosure of subscribers' personal data was a concrete injury sufficient to meet the Spokeo standing bar. 

  • February 17, 2017

    Sessions' National Security Focus Will Fuel Privacy Fights

    Jeff Sessions’ record of favoring what he sees as national security interests over personal privacy rights indicates the new attorney general will likely take an aggressive approach to gathering digital data, and in doing so he will almost certainly spur a new wave of court challenges to government prying.

  • February 17, 2017

    Judge OKs BMW, Car Owners Deal In Roof Defect Suit

    A New Jersey federal judge on Friday preliminarily approved a class action settlement between BMW AG and thousands of people who owned 6 Series convertibles that would allow the owners to repair a roof defect for free or to be reimbursed for past repairs.

  • February 17, 2017

    Groups Back Uber Customers In 1st Circ. Airport Fee Dispute

    A public interest law firm and consumer advocacy group sought Thursday to weigh in on a First Circuit appeal of a proposed class action alleging ride-hailing giant Uber hid extra fees for airport trips, saying the company is unfairly imposing terms on consumers that are buried in online agreements.

  • February 17, 2017

    Privacy Profs. Get Behind FTC In LabMD Fight At 11th Circ.

    A group of eight privacy and security law professors on Thursday threw their support behind the Federal Trade Commission in its Eleventh Circuit battle with LabMD to keep intact a ruling that an alleged data leak harmed consumers, saying the agency’s approach to regulating privacy spurs better protection practices.

  • February 17, 2017

    Facing Trump, CFPB Picks Up Enforcement Pace

    The opening months of 2017 have seen a fivefold increase in Consumer Financial Protection Bureau enforcement actions compared to previous years, and attorneys say that is in part a result of the bureau seeking to get as much done as possible before President Donald Trump tries to reshape it.

  • February 17, 2017

    Kimberly-Clark Wants Investor Suit Over Gowns Tossed

    A short stock drop that occurred after the airing of an episode of "60 Minutes" that delved into a two-year old lawsuit against Kimberly-Clark Corp. over the effectiveness of its gowns during the 2014 Ebola virus breakout can’t serve as the backbone of a securities fraud suit, the company told a New York federal court Thursday.

  • February 17, 2017

    NY AG, Regulator Spar Over Cuomo's Banking Fraud Plan

    New York Gov. Andrew Cuomo’s proposal to expand the Department of Financial Services’ powers against financial fraud sparked a war of words this week, with Attorney General Eric Schneiderman calling the proposal a "wholly unnecessary overreach by the executive," while the department’s superintendent labeled the objections as “petty concerns over turf.”

Expert Analysis

  • 2-For-1 Executive Order Leaves OMB To Work Out Details

    Laurence Platt

    While President Donald Trump’s recent executive order reducing regulations may seem appealing in its simplicity, the White House has provided agencies with little guidance on its implementation, instructing them to call the Office of Management and Budget with questions. Yet the OMB's ability to provide answers will be impaired by a lack of clear legal standards, say Laurence Platt and Joy Tsai of Mayer Brown LLP.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Van Patten V. Vertical Fitness Is No TCPA Killer

    David Martinez

    As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • Reconsidering CFPB V. PHH

    Eric J. Mogilnicki

    If the D.C. Circuit had declined to act in Consumer Financial Protection Bureau v. PHH, President Donald Trump would have had a clear path to firing CFPB Director Richard Cordray. Instead, the court’s action granting the CFPB’s petition for rehearing creates fresh uncertainty about the scope and shape of the president’s authority over the CFPB, say Eric Mogilnicki and Andrew Smith of Covington & Burling LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • CPSC Civil Penalties: A Statistical Analysis

    Jonathan Judge

    In 2015, U.S. Consumer Product Safety Commission Chairman Elliot Kaye announced that he had directed CPSC staff to seek “double-digit” penalties from companies found to be in violation of the Consumer Product Safety Act. Kaye appears to have accomplished his stated goal — a statistical analysis of agency fines shows that companies are being punished more severely than before, says Jonathan Judge of Schiff Hardin LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.