Consumer Protection

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    SEP SUMM --- READY FOR GRAPHICS --- Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Whole Foods' Coconut Milk Skimps On Vanilla, Suit Says

    Whole Foods has been hit with a proposed class action in New York federal court accusing the grocery store giant of selling a coconut milk product with artificial vanilla flavor it labels as natural, adding to a growing list of such suits.

  • July 14, 2020

    3rd Circ. Won't Rehear Ruling That Survey Faxes Violate TCPA

    The Third Circuit denied a market research firm and its former parent's request for an en banc rehearing on Tuesday, following a divided panel decision that ruled unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

  • July 14, 2020

    States' Case To Be Bellwether In Generic Drug Price-Fix MDL

    The Pennsylvania federal judge overseeing multidistrict litigation for price-fixing allegations in the generic drug industry has selected a case from state attorneys general to serve as a bellwether along with three private cases centered on individual drugs.

  • July 14, 2020

    Ad Watchdog Wants 'Misleading' Verizon 5G Spots Pulled

    An advertising watchdog asked Verizon on Tuesday to take down two TV commercials airing across the country touting its 5G capabilities, the latest of several recommendations to wireless carriers to ditch ads that the oversight body found misleading.

  • July 14, 2020

    Bigelow Tea Drinkers Steamed Over 'Made In America' Claims

    Tea drinkers hit Bigelow Tea with a proposed class action in California federal court Monday, alleging that the family-run tea company falsely and deceptively advertised its tea products as made in the United States, when actually the tea is sourced and processed overseas.

  • July 14, 2020

    Bosch Rips VW Dealers' 9th Circ. Bid To Save Lost Profits Suit

    Auto parts giant Bosch told the Ninth Circuit that it doesn't owe anything to franchised Volkswagen dealerships claiming they lost future profits from vehicle inventories that were obliterated by the Volkswagen emissions-cheating scandal that Bosch purportedly helped mastermind.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Honey False Ad Claims Lack Sting, Judge Finds

    A California federal judge has thrown out a suit alleging that Sioux Honey Association Cooperative's products are falsely advertised as "pure," saying the woman leading the suit hasn't shown any evidence that consumers are concerned about the trace amounts of weed killer found in the honey.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    CFPB Says 4 Attorneys Entangled In Student Debt Scheme

    The Consumer Financial Protection Bureau filed a complaint Monday against a web of companies and individuals, including four attorneys, wrapped up in an alleged student debt relief scheme that illegally collected $11.8 million in advance fees from clients.

  • July 13, 2020

    RCN Accused Of Sneaking Bogus Fee Into Internet Bills

    RCN Telecom Services LLC has been hit with a proposed class action in New Jersey federal court alleging the broadband provider has pocketed about $30 million from unsuspecting customers across the nation by sneaking a bogus fee into their bills and falsely labeling the charge as a tax.

  • July 13, 2020

    Louisiana Can Amend GSE Bond-Rigging Suit Over Objections

    A Louisiana federal judge ruled Monday that the Pelican State can again amend its suit alleging that Barclays and other big banks conspired to rig prices of bonds issued by government-sponsored enterprises like Fannie Mae and Freddie Mac, mooting a second round of dismissal bids over protestations from banks.

  • July 13, 2020

    3rd Circ. Mulling FTC-AbbVie Pause Till High Court Acts

    The Third Circuit may need to pump the brakes on the Federal Trade Commission's antitrust spat with AbbVie following a U.S. Supreme Court decision to review the agency's authority to order financial restitution, the Philadelphia appeals court said.

  • July 13, 2020

    Facebook Vies To Keep Gibson Dunn Probe Out Of Discovery

    Facebook urged a California federal magistrate judge Monday to reject efforts by users suing over the Cambridge Analytica scandal to review a Gibson Dunn-led investigation, saying the law firm's look into possible misbehavior by some Facebook developers is largely protected by attorney-client privilege.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Jay-Z-Linked Pot Co. Latest To Face ADA Suit Over Website

    A cannabis company backed by music mogul Jay-Z is the latest target of a proposed class action alleging that the company's website is not Americans with Disabilities Act-compliant, a type of suit that has become a familiar headache for the industry.

  • July 13, 2020

    Reese Witherspoon Calls Teachers' Dress Promo Suit 'Unjust'

    Actress Reese Witherspoon said that a proposed class action over a COVID-19-related dress giveaway for teachers is an "unjust" attempt to "exploit" her clothing line, arguing in a dismissal bid in California federal court that the limits of the promotion were made clear in its announcement.

  • July 13, 2020

    Google Wants Quick Appeal Of Order Preserving Privacy Suit

    Google on Friday requested permission to immediately appeal a California federal court's order last month finding that users have standing to sue the tech giant over its purported practice of sharing search terms with third parties, arguing an appeal now avoids a "burdensome and possibly unneeded delay" down the road.

  • July 13, 2020

    Cable Cos. Urge FCC To Aid Use Of Robocall Blocking Tech

    A trade group for small cable providers has urged the Federal Communications Commission to make it easier for them to use third-party robocall blocking technology, by clarifying whether the providers can use the mechanisms implemented by the third party to investigate and resolve call-blocking disputes on their behalf.

  • July 13, 2020

    Dems, GOP Urged To Embrace 'Digital Equity' In Platforms

    A progressive group focused on technology pressed both major U.S. political parties Monday to back its priorities in the 2020 elections on a host of broadband issues including net neutrality, internet privacy, affordable high-speed service and limits on government surveillance.

  • July 13, 2020

    Toyota Dealer Wins Bid To Arbitrate Customer's Fraud Claims

    The New Jersey state appeals court ruled Monday that a customer of a Toyota auto dealership in Wood-Ridge must arbitrate his allegations that his trade-in vehicle was undervalued, reasoning that the parties agreed to deal with claims out of court.

  • July 13, 2020

    VW Tells 9th Circ. That Bondholder Can't Flout Fraud Standard

    Volkswagen told the Ninth Circuit that there will be a surge in abusive securities fraud litigation as a result of a district court decision keeping alive claims it duped a pension fund into buying overpriced bonds by not mentioning its emissions-cheating scandal in offering documents.

Expert Analysis

  • 3 Ways High Court's Liu V. SEC Ruling Curtails FTC Authority

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    The U.S. Supreme Court's recent ruling in Liu v. U.S. Securities and Exchange Commission limited the Federal Trade Commission's authority in important ways, and the court's eventual decision in FTC v. Credit Bureau Center could prevent the regulator from seeking disgorgement or restitution altogether, say attorneys at Sidley.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Unpacking The Supreme Court's Praise For The TCPA

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    The U.S. Supreme Court's decision in Barr v. American Association of Political Consultants strengthens the Telephone Consumer Protection Act as one of the most vexing and frequently deployed privacy statutes in the U.S., and paints the TCPA in a favorable light, say Ezra Church and Terese Schireson at Morgan Lewis.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Key COVID-19 Accessibility Issues As ADA Turns 30

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    Shira Blank and Joshua Stein at Epstein Becker examine pandemic-related accessibility challenges businesses should consider when balancing Americans with Disabilities Act Title III compliance against employee and patron safety as the statute's 30th anniversary approaches.

  • How Health Info Interoperability Rule Affects Providers

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    The Centers for Medicare and Medicaid Services' new rule implementing interoperability requirements of the 21st Century Cures Act creates new compliance challenges for health care providers and will ultimately require investments in information technology, say Elizabeth Hein and Cynthia Haines at Post & Schell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Lessons From 6 Months Of Calif. Privacy Law Litigation

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    The California Consumer Privacy Act’s first six months have produced more than 50 consumer class actions, and trends in private litigants' strategies may be instructive on what to expect for enforcement, say attorneys at Akin Gump.

  • The Rise Of The 'Net Impression' Test In Fla. Consumer Suits

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    Florida federal courts' increasing use of the Federal Trade Commission’s so-called net impression test, which considers the overall essence of a product’s representation, is an overdue application of similarly constructed state consumer protection laws, says John Byrne at Leon Cosgrove.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • In Defense Of The One-Stop Shop: CNIL Stands Corrected

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    While France's highest administrative court last month did confirm the 2019 decision by the country's data protection regulator CNIL fining Google 50 million euros for alleged violations of the General Data Protection Regulation, the court also corrected CNIL on a key element of GDPR enforcement — how to apply the "one-stop-shop mechanism," say attorneys at MoFo.

  • High Court SEC Disgorgement Ruling Doesn't Empower FTC

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    While the Federal Trade Commission has expressed that the U.S. Supreme Court's recent decision in Liu v. U.S. Securities and Exchange Commission supports its asserted disgorgement power, the court's reasoning only underscores why the FTC does not have the power to obtain disgorgement in antitrust and consumer protection cases, say Stephen McIntyre and Sophie Tarazi at O'Melveny.

  • What High Court Ruling Means For TCPA's Future

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    The U.S. Supreme Court’s ruling in Barr v. American Association of Political Consultants — striking down the Telephone Consumer Protection Act’s exemption for calls made to collect debts to the government — means that businesses will need to look to other vehicles to disrupt the continuing wave of lawyer-driven TCPA litigation, say attorneys at Cozen O'Connor.

  • FCC's New Autodialer Definition Departs From Past Approach

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    The Federal Communications Commission recently established narrower boundaries for what counts as an automatic telephone dialing system, representing a step back from previous efforts to expand the Telephone Consumer Protection Act to meet new technology, say attorneys at Benesch Friedlander.

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