Consumer Protection

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

  • February 21, 2018

    Ex-Herbalife Sellers Blast Arbitration Bid In $1B RICO Suit

    Former distributors for global nutrition supplement company Herbalife Ltd. are urging a Florida federal court to deny the company's bid to force their potentially $1 billion racketeering suit into arbitration, arguing a unilaterally imposed arbitration clause is unenforceable and inapplicable.

  • February 21, 2018

    Conagra Looks To Bury ‘Natural’ Labeling Suit At 1st Circ.

    Conagra Brands Inc. asked the First Circuit on Tuesday to uphold the dismissal of a proposed class action alleging its Wesson brand cooking oils are misrepresented as "natural," arguing the labeling is in fact consistent with decades-old federal policy about the use of the term.

  • February 21, 2018

    Dish Can't Revive TCPA Suit Coverage Bid At 10th Circ.

    The penalties being sought against Dish Network LLC for alleged violations of the Telephone Consumer Protection Act are punitive and not covered by its policy with a Chubb Ltd. unit, the Tenth Circuit affirmed Wednesday.

  • February 21, 2018

    9th Circ. Finds Receipt Suit Falls Short Under Spokeo

    A Ninth Circuit panel on Wednesday found that a parking garage customer had not proved he had standing to pursue a class action claiming the garage ran afoul of the Fair Credit Reporting Act by printing credit card expiration dates on receipts, given the standard the Supreme Court set in its Spokeo decision.

  • February 21, 2018

    2nd Circ. Affirms Toss Of Suit Over Rite Aid Flu-Shot Calls

    The Second Circuit held Wednesday that a lower court rightly axed claims that Rite Aid violated the Telephone Consumer Protection Act by sending prerecorded flu shot reminder messages, saying the shopper leading the proposed class action gave the retailer permission when he provided his phone number.

  • February 21, 2018

    Bernstein Litowitz Takes Lead In Equifax Shareholder Suits

    A Georgia federal judge on Wednesday appointed Bernstein Litowitz Berger & Grossmann LLP as lead counsel for a proposed consolidated class of Equifax Inc. investors who sued after the company’s share price dropped significantly when it revealed a massive data breach that affected 145 million consumers.

  • February 21, 2018

    Apple Says Batteries Piling Up In IPhone Slowdown Suits

    Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.

  • February 21, 2018

    Jackson Hewitt Faces Franchisee Customer's Fraud Claims

    Tax preparation chain Jackson Hewitt must face putative class allegations of fraud and negligence after a California federal judge ruled Tuesday that a former client of a franchisee had presented a plausible theory for his claims to proceed in court.

  • February 21, 2018

    Google Advertiser Gets 5th Try At Click-Fraud Class Action

    A California federal judge Tuesday tossed a businessman’s fourth version of a putative class action alleging Google understates the fraudulent clicks its ads receive, saying he hadn’t shown charges for invalid ad views but the “interests of justice” supported allowing him to submit another amended complaint.

  • February 21, 2018

    Santander To Pay Conn. Consumers $2.9M In Settlement

    Santander Consumer USA has agreed to pay $2.9 million in relief to consumers affected by its alleged violations of Connecticut banking law in handling repossessed motor vehicles found during a 2016 examination by the State of Connecticut Department of Banking, according to a consent order filed on Tuesday.

  • February 21, 2018

    Pa. Justices Say State Consumer Law Applies To Nonresidents

    The Pennsylvania Supreme Court ruled unanimously Wednesday that nonresidents can use the state’s consumer protection statute to sue Pennsylvania businesses over out-of-state transactions, favoring the California man behind a class action against a home security company.

  • February 21, 2018

    Dog Food Maker Must Face Suit Saying Pets Were Sickened

    A proposed class action accusing a dog food maker of falsely advertising its products as safe and made with premium meats was kept alive Tuesday by a Washington federal judge, who noted that although the suit has issues, they can be addressed with additional facts in an amended complaint.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    GM, Bosch Can't Dodge Drivers' Emissions-Cheating Claims

    A Michigan federal judge on Tuesday denied bids by General Motors LLC and Robert Bosch LLC to escape a proposed class action claiming that so-called defeat devices similar to those used in Volkswagen’s diesel cars are installed in some GM vehicles, saying the drivers plausibly alleged a conspiracy.

  • February 20, 2018

    Cab Co. Says Bankruptcy Trustee's Suit Based On Falsehoods

    A lawsuit filed by a Chapter 7 trustee in the bankruptcy of Chicago's Yellow Cab Affiliation Inc. accusing one of its subsidiaries of stashing assets contains too many plainly false allegations to go forward, the subsidiary said Tuesday.

  • February 20, 2018

    Snack Co. Sued Over 'Modern' Ingredients In 'Ancient Grain'

    A consumer has hit a snackmaker selling supposedly “ancient grain” chips with a $5 million false advertising suit in New York federal court, saying the product is also made with rice, peas and other modern-day ingredients.

  • February 20, 2018

    VW, Audi, Bosch Push To End Non-Diesel Emissions Suits

    Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.

  • February 20, 2018

    FTC Calls Out Web Hosting Services For Phishing Risks

    The Federal Trade Commission said Tuesday that a report by its staff found that some web hosting services targeting small businesses are not providing email authentication and anti-phishing technologies, meaning the companies could be aiding phishing attempts of their customers.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

Expert Analysis

  • The FTC’s Quest For Better Influencer Disclosures

    Julie O’Neill

    Given the repetition of the Federal Trade Commission's message concerning its endorsement guides, it's apparent that the agency believes it is still not being heard. Julie O’Neill and Adam Fleisher of Morrison & Foerster LLP recount how the FTC has gotten to where it is today and, thus, why it might be heading for a celebrity enforcement action next.

  • Website Accessibility Suits Highlight Need For DOJ Rule

    David Baris

    Financial institutions are the latest target of website accessibility suits under the Americans with Disabilities Act, with New York and Florida seeing a significant uptick in such litigation this year. These cases are not easily dismissed, and compliance risk remains high in the absence of a clear standard from the U.S. Department of Justice, say David Baris and Lori Sommerfield of Buckley Sandler LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 4 Takeaways For Lenders From Recent TCPA Decision

    Eve Cann

    As Telephone Consumer Protection Act cases rarely result in favorable trial outcomes for creditors and loan servicers, there are several key practice points from a Florida federal court’s recent decision in Larry Harrington v. RoundPoint Mortgage Servicing, say Eve Cann and Keith Andress of Baker Donelson Bearman Caldwell & Berkowitz PC.