Consumer Protection

  • June 11, 2021

    JPML Adds New Suits To Pork Price-Fixing MDL In Minn.

    Minnesota will be the pre-trial home of two more proposed class actions accusing pork suppliers of conspiring to hike up the price of the meat after the U.S. Judicial Panel on Multidistrict Litigation ordered them transferred there from Texas.

  • June 11, 2021

    BofA Stolen Unemployment Benefits Suits Consolidated

    The Judicial Panel on Multidistrict Litigation has consolidated 10 suits filed against Bank of America that all similarly claim the financial institution failed to protect unemployment benefit recipients from fraudsters and unlawfully froze or denied access to their accounts.

  • June 11, 2021

    Ex-CVS Exec Probed On Drug Prices In Overcharge Trial

    A former CVS Pharmacy executive conceded to a California federal jury trial Friday that the chain didn't report its discounted drug prices to pharmacy benefit managers to avoid losing about $500 million annually.

  • June 11, 2021

    AT&T Pushes Back Against Parts Of Biden Broadband Plan

    Communications giant AT&T is pushing back on elements of the Biden administration's infrastructure proposals, particularly a plan to partner with local governments, asserting support for municipalities could become politicized and broadband affordability hasn't reached a crisis level.

  • June 11, 2021

    Calif. Asks 9th Circ. To Stay Assault Weapon Ban Injunction

    California Attorney General Rob Bonta asked the Ninth Circuit on Thursday to freeze a district court's decision to block the Golden State's assault weapons ban while it appeals the decision, arguing that, without a stay, dangerous guns will be rushed into the state.

  • June 11, 2021

    Biden DOT Eyes Stiff Car Safety Rules And Worker Protections

    The U.S. Department of Transportation rolled out a regulatory agenda Friday focused on improving vehicle and road safety standards, protecting flight crews and tackling climate change as President Joe Biden also seeks to build momentum for his ambitious infrastructure investment plan.

  • June 11, 2021

    House Lawmakers Float Bipartisan Big Tech Bills

    A bipartisan group of lawmakers introduced a package of legislation in the U.S. House on Friday aimed at reining in large technology companies and restoring competition in digital markets, including a measure barring the tech giants from competing on their own platforms.

  • June 11, 2021

    3rd Circ. Cuts Oral Arguments On Player's Settlement Denial

    A Third Circuit panel abruptly called off oral arguments set for later this month in an appeal by a former National Football League player demanding more transparency on whether his initially approved concussion settlement payout was ultimately denied because of the controversial use of "race-norming" to assess payout claims.

  • June 11, 2021

    New CFPB Agenda Ices More Trump-Era Regulatory Projects

    The Consumer Financial Protection Bureau is backing off Trump-era plans to potentially design new disclosures for payday loan borrowers and won't be using its rulemaking authority to set more boundaries on what it considers abusive conduct, at least for now.

  • June 11, 2021

    'Onion Ring' Snack Maker Hit For Failure To Use Real Onions

    The maker of TGI Fridays branded onion rings snacks has been hit in Illinois federal court with accusations that the company unlawfully misleads consumers into thinking its product contains real onions instead of just cornmeal, powder and flavoring.

  • June 11, 2021

    Law Grad Says Debt Firm Illegally Went After Discharged Loan

    Debt collection law firm Weltman Weinberg & Reis has been hit with a proposed class action by a law school graduate who claims the firm helped a creditor try to collect on a loan she took out for bar exam preparation materials even though the debt was discharged in her Chapter 7 case.

  • June 11, 2021

    Creditor Attys Tell 11th Circ. It Erred In 'Mail Vendor' Ruling

    An association of New York creditor attorneys told the Eleventh Circuit it failed to consider the First Amendment implications of a decision that allowed a wave of consumer litigation challenging debt collectors' use of outside mail vendors.

  • June 11, 2021

    NY's $15 Low-Income Internet Law Is Put On Hold

    A New York federal judge on Friday blocked the Empire State at least temporarily from enforcing a requirement for internet plans capped at $15 for qualifying low-income households, a plan that had triggered a legal challenge from across the telecom industry.

  • June 11, 2021

    Hyundai Hit With Class Action Over Genesis 'Defects'

    A Maryland driver has filed a proposed class action against Hyundai in federal court claiming that the Genesis GV-80 shakes uncontrollably and veers off the road at speeds above 40 mph.

  • June 11, 2021

    2nd Circ. Rejects FTC Antitrust Case Against 1-800 Contacts

    The Second Circuit on Friday overturned a decision by the Federal Trade Commission that 1-800 Contacts violated antitrust law by aggressively enforcing its trademarks against online competitors, calling such a claim "antithetical to the procompetitive goals of trademark policy."

  • June 10, 2021

    Bank Shakes TCPA Row After Facebook Autodialer Ruling

    A South Carolina federal judge has tossed a lawsuit accusing USAA Federal Savings Bank of violating the Telephone Consumer Protection Act by placing unwanted debt collection calls, finding that the dialing equipment the bank used didn't fit within the narrow autodialer definition recently laid out by the U.S. Supreme Court in a dispute involving Facebook. 

  • June 10, 2021

    Senate Banking Chair Knocks PE Firm On Pandemic Evictions

    The Senate Banking Committee's Democratic chairman told private equity firm Pretium Partners LLC on Thursday that he's "troubled" some of its portfolio companies may have bucked a federal moratorium on tenant evictions during the COVID-19 crisis and wants answers.

  • June 10, 2021

    EPA Proposes Collecting PFAS Manufacturing Data

    The U.S. Environmental Protection Agency on Thursday proposed a rule that would require manufacturers of per- and polyfluoroalkyl substances, or PFAS, to provide information about the amount and type of chemicals they have produced.

  • June 10, 2021

    Judge Slams Calif. For Discovery Violation In Generics MDL

    A Pennsylvania federal judge overseeing a sweeping multidistrict litigation program over alleged price-fixing of generic drugs expressed frustration during a hearing Thursday as she contemplated sanctioning the California Attorney General's Office over its failure to hand over data it may rely on in building its case.

  • June 10, 2021

    Google Poised To Escape Kids' Data Collection Suit

    A California federal judge indicated during a hearing Thursday that parents accusing Google and other companies of illegally collecting children's personal information through YouTube for targeted advertisements have so far failed to show that the plaintiffs' state law privacy claims aren't preempted by the federal Children's Online Privacy Protection Act.

  • June 10, 2021

    CVS Pricing Practice 'Cheated' Insured Drug Buyers, Jury Told

    Drug buyers leading a class action alleging CVS Pharmacy Inc.'s now-defunct discount program overcharged insured customers for generic drugs took the stand in a California federal jury trial Thursday, testifying that they believe CVS "cheated" them out of lower copays and lied about their insurance coverage for years.

  • June 10, 2021

    JBS Says It Paid $11M Ransom To Cybercriminals

    Meat supplier giant JBS has said it paid a ransom worth $11 million in response to a cyberattack that disrupted its operations at plants across the U.S., days after Colonial Pipeline Co. revealed that it paid cybercriminals $4.4 million during its own ransomware attack.

  • June 10, 2021

    JetBlue Workers Among 5 Charged With $1M Virus Loan Fraud

    Five New York and New Jersey residents, including three current and former JetBlue Airways employees, were arrested and charged Thursday with fraudulently obtaining $1 million in COVID-19 relief funds by lying about their personal companies' staffing and revenues on loan applications.

  • June 10, 2021

    CFPB Wants Truce In Student Loan Servicing Oversight Suit

    Citing the "change of administrations," the Consumer Financial Protection Bureau and consumer advocates said Thursday that they want to take time to mull potentially settling a Trump-era California federal court case alleging the agency improperly pulled back from federal student loan servicing oversight.

  • June 10, 2021

    Avis Car Rental To Pay $10M For Overcharged Insurance

    Car rental giant Avis Budget Group Inc. will pay $10.1 million to settle allegations that it overcharged the U.S. government over vehicle liability and accident insurance payments, the U.S. attorney's office announced Thursday.

Expert Analysis

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • How Curbs On Russia And Belarus Trade Will Affect Tech Cos.

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    Attorneys at Kirkland examine how the Biden administration's newly authorized Russian sanctions, restrictions on dealings with companies in Belarus and other likely measures will affect the technology sector and how companies should respond to the changes.

  • Obstacles To Defining Injury, Class In Cyberattack Suits

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    As cyberattacks and data privacy litigation evolve, quantifying and identifying uninjured class members becomes increasingly complex and further complicates economic models of injury, as shown by the lawsuit filed last month in a Georgia federal court after the Colonial Pipeline hack, says Michael Kheyfets at Edgeworth Economics.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • FTC's Chances Of Fixing A Broken Repairs Market Look Slim

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    The pandemic has highlighted the harm consumer product manufacturers' restrictions on aftermarket repairs have on consumers, but limits on the Federal Trade Commission's authority to clamp down on these potentially anti-competitive practices may make patchwork federal remedies the most likely solution for now, says Katie Funk at Baker Donelson.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • Compliance Considerations For Pharma Co. Testing Programs

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    Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Mortgage Servicers Should Prepare To Be In CFPB Crosshairs

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    In light of recent indications that the Consumer Financial Protection Bureau will make housing security a top priority, residential mortgage servicers should prepare for increased enforcement scrutiny as foreclosures and evictions rise post-pandemic, say attorneys at Manatt.

  • 7th Circ. Decision Highlights Difficulties Of 'No Harm' Cases

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    The Seventh Circuit's recent decision in Markakos v. Medicredit showcases the judiciary's struggle with whether it is usurping Congress' authority by questioning statutory penalties for "no harm" consumer protection violations, and highlights the need to resolve a growing circuit split on this issue, says Jason Stiehl at Loeb & Loeb.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

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