Consumer Protection

  • September 22, 2017

    Syngenta Looks To Speed Appeal Of $218M GMO Corn Verdict

    Syngenta urged a Kansas federal judge Thursday to certify as a final judgment the $218 million jury verdict won by a class of Kansas farmers in multidistrict litigation over the agricultural company’s promotion of genetically modified corn, arguing it’s necessary to prevent needless delay of its appeal.

  • September 22, 2017

    BofA Loses Bid To Drop Class Allegations In Loan Suit

    A Colorado federal judge has denied Bank of America’s bid to strike class allegations from a suit accusing the bank and its contractors of working together to deny loan modifications to eligible homeowners under the Home Affordable Modification Program.

  • September 22, 2017

    Attys Want $1.6M Cut Of App Privacy Deal With Tech Giants

    The attorneys who worked out a $5.3 million deal with tech companies including Twitter, Instagram and Yelp in a consolidated proposed class action over alleged user privacy violations asked a California federal judge Friday to award $1.6 million in fees for their work.

  • September 22, 2017

    Home Depot Data Breach Attys Score $15.3M In Fees

    The attorneys representing banks and other financial institutions in litigation over Home Depot's 2014 data breach won a $15.3 million fee award on Friday that represents only a slight reduction to their hotly contested request, as a Georgia federal judge gave his final blessing to a $27.25 million settlement.

  • September 22, 2017

    Rams Fans Want Info On Seat License Pricing At LA Stadium

    A proposed class of Rams fans whose season tickets were canceled when the team moved to LA asked a Missouri federal court on Friday to force the NFL team to hand over documents related to its discussions over pricing personal seat licenses at its new stadium, arguing they're relevant as the Rams have refused to give them a chance to purchase the new licenses.

  • September 22, 2017

    Drug Cos. Behind On Safety Studies, Researchers Say

    Drug companies aren’t submitting required post-approval studies for their drugs on time and the U.S. Food and Drug Administration isn’t being diligent enough in pushing them to do so or taking action against them, a group of researchers from Dartmouth University and elsewhere wrote Thursday in the New England Journal of Medicine.

  • September 22, 2017

    Ex-Uber Drivers Say Data Breach Caused Real Harm

    A pair of former Uber drivers urged a California federal judge Thursday to keep their proposed class action against the company alive, arguing that they have suffered real harm, including identity theft, from a 2014 data breach that compromised drivers’ personal information.

  • September 22, 2017

    QBE Can't Secure Coverage Of Force-Placed Insurance Suits

    A New York state judge has brought an end to QBE Americas Inc.’s suit seeking insurance coverage for a $19 million settlement of claims that it paid kickbacks to banks that drove up premiums for force-placed insurance, saying the claims are clearly excluded by the policies.

  • September 22, 2017

    Burger King Can't Pause Receipt Suit Pending Dismissal Bid

    A Florida federal judge on Friday rejected Burger King’s bid to pause a proposed class action accusing it of printing too many card digits on receipts, saying the likelihood of the restaurant succeeding in its bid to ax the suit isn’t so high that he needs to impose a stay while deciding the motion.

  • September 22, 2017

    Suit Over CVS Mix-Up Belongs In State Court, Customer Says

    Attorneys for a woman who suffered brain hemorrhages after a CVS Pharmacy Inc. pharmacist allegedly dispensed the wrong medication have asked a California federal court to remand the case, saying the newly disclosed identity of the pharmacist destines the case for state court.

  • September 22, 2017

    Fiat Investors Want Emissions Claims Kept In Stock Drop Suit

    A proposed class of Fiat Chrysler Automobiles NV investors told a New York federal court Thursday that there’s no reason to trash their emissions-related allegations because they’ve shown the automaker’s executives knew about possible “defeat devices” in Fiat’s vehicles and thus intended to deceive investors about potential emissions problems.

  • September 22, 2017

    Feds Want Google Sanctioned For Defying Data Orders

    Federal prosecutors are seeking to have Google Inc. sanctioned for refusing to comply with a search warrant requesting certain user data stored overseas, telling a California federal judge Wednesday that the internet giant is flouting court orders.

  • September 22, 2017

    Lyft Hit With TCPA Suit Over Texts To Reassigned Numbers

    Lyft Inc. sends owners of recycled telephone numbers unsolicited promotional text messages in violation of the Telephone Consumer Protection Act, says a proposed class action filed Friday in Ohio federal court.

  • September 22, 2017

    Debt Lawyers Say CFPB Can't Ax $25M Free Speech Suit

    Two lawyers who say their livelihoods were destroyed by the Consumer Financial Protection Bureau’s crackdown on debt-relief firm Morgan Drexen Inc. told a California federal court Thursday that there is no good reason to dismiss their $25 million suit against the regulator.

  • September 22, 2017

    Pet Shops Lose Fight Against 'Puppy Mill' Ban At 7th Circ.

    The Seventh Circuit cut off a challenge brought by pet stores against the city of Chicago’s “puppy mill” ban Thursday, saying Chicago was within its rights as a home-rule city to pass the law.

  • September 21, 2017

    Herbalife Scams Consumers With 'Event System,' Suit Says

    Global nutrition supplement company Herbalife Ltd. and 44 of its top distributors have been hit with a putative class action in Florida federal court that plaintiffs say has the potential to result in up to $1 billion in damages on allegations the company is using a pyramid scheme to bait consumers with the "promise of riches."

  • September 21, 2017

    Gatorade Won’t Talk Trash About Water After Settlement

    In a $300,000 settlement with California, Gatorade has agreed not to show water unflatteringly in any advertisements, after releasing an app game that misleadingly depicted water as a hindrance to athletic performance, California Attorney General Xavier Becerra announced Thursday.

  • September 21, 2017

    Allscripts Seeks Pause For 7th Circ. Ruling On TCPA Consent

    Allscripts Healthcare Solutions Inc. asked an Illinois federal judge Wednesday to stay a proposed class action against the company over advertising faxes that lacked opt-out clauses, arguing the court should first see whether the Seventh Circuit decertifies a Telephone Consumer Protection Act class in a related suit.

  • September 21, 2017

    Toys R Us Allowed To Continue Customer Rewards Programs

    Loyal customers of Toys R Us were given reassurance Thursday that the bankrupt retail giant will make good on gift cards and other consumer-friendly deals after it received court permission to maintain its customer programs, shortly after gaining access to $2.2 billion in post-petition financing.

  • September 21, 2017

    Tribal Lender Claims Immunity From Challenge To Immunity

    An online lender accused of striking “rent-a-tribe” deals with a Native American tribe in order to benefit from tribal immunity urged a Virginia federal judge Tuesday to dismiss a proposed class action over its lending practices, saying it is, in fact, a sovereign arm of the Chippewa Cree tribe and therefore immune from the litigation alleging false immunity.

Expert Analysis

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • CFPB Says Using Multiple Debt Collectors Poses ECOA Risk

    Jonathan Joshua

    In light of the Consumer Financial Protection Bureau's recent consent order with American Express, creditors, debt buyers and collection agencies should ensure that segmentation criteria for internal collection strategies, placement with external collection agencies, and the collection strategies employed by multiple external third-party debt collectors do not result in the disparate treatment of protected classes, says attorney Jonathan Joshua.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • As Medical Food Industry Grows, So May FDA Scrutiny

    Kyle Diamantas

    An important regulatory advantage enjoyed by "medical food" products is the ability to make affirmative claims that a particular medical food may assist in treatment or management of a disease condition. But the category is poised to attract increased attention from the U.S. Food and Drug Administration, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Managing Digital Vendor Risk — The Next Compliance Frontier

    Chris Olson

    Unfortunately, heightened awareness of third-party cyberrisk and the urgency of identifying third-party activity has not fully extended to the consumer-facing digital assets — websites, mobile applications, social media — that form the backbone of modern business-to-consumer communications, says Chris Olson, CEO of The Media Trust.

  • Fast And Frictionless: Key Legal Issues In POS Loans

    David Bright

    In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.