Consumer Protection

  • April 20, 2018

    Senator Wants Fines, Tighter Leash On Facebook By FTC

    A Democratic senator is pushing the Federal Trade Commission to fine and tighten its oversight of Facebook in the wake of revelations that Cambridge Analytica harvested 87 million unwitting Facebook users’ data, while a privacy group is separately pressuring the commission to release the full versions of independent audits of Facebook’s privacy practices.

  • April 20, 2018

    Undoing CFPB Guidance May Yield Unintended Effects

    The U.S. Senate’s recent passage of a measure to scrap Consumer Financial Protection Bureau guidance on auto lending has been framed by supporters as a business-friendly move to rein in a rogue agency, but some experts say this use of the Congressional Review Act could lead to greater uncertainty and more regulation by enforcement.

  • April 20, 2018

    Nestlé, Hershey Say No Room For Child Labor On Labels

    Nestlé and Hershey urged a Massachusetts federal court to toss separate proposed consumer class actions alleging that the companies failed to disclose information about forced child labor in their chocolate supply chains, arguing that the requested disclosures don't belong on every candy label.

  • April 20, 2018

    Petco Applicants Seek OK Of $1.2M Background Check Deal

    Two applicants who hit Petco with a proposed class action accusing it of hiding the authorization that allows it to run credit checks on job seekers asked a California federal judge Friday to preliminarily approve a $1.2 million settlement with the retailer.

  • April 20, 2018

    NJ Won't Join FCA Suit Over Turf Sold To Schools, Towns

    New Jersey has declined to intervene in a False Claims Act suit brought by former FieldTurf USA Inc. executives alleging that the company knowingly sold defective artificial field turf to schools and towns but concealed the defects from the consumers.

  • April 20, 2018

    Nissan Driver Drops Transmission Claims To Join Similar Suit

    A driver who accused Nissan North America Inc. in a proposed class action of selling vehicles with defective transmissions dropped his complaint in the Central District of California on Friday in favor of a suit with overlapping claims in a different jurisdiction, court documents show.

  • April 20, 2018

    Ed Dept. Hiding Ties To For-Profit Colleges, Nonprofit Claims

    The National Consumer Law Center sued the U.S. Department of Education in Massachusetts federal court Thursday, claiming the agency has illegally denied it access to public documents that reveal the for-profit college industry has driven the government to stall new regulations that help student loan borrowers.

  • April 20, 2018

    Despite Fog, FCC's Net Neutrality Deregulation Still Pending

    Despite widespread confusion on when the FCC’s net neutrality deregulation will take effect, the Obama-era web management rules will remain in place until a White House office approves certain transparency requirements included in the deregulation package, agency officials have confirmed to Law360.

  • April 20, 2018

    Fitbit Investors' $8.25M Atty Fee Bid 'A Little Rich,' Judge Says

    A California federal judge on Friday approved a $33 million class action settlement resolving allegations that Fitbit Inc. hid problems with its fitness trackers and artificially inflated its stock price, but held off on awarding $8.25 million in attorneys’ fees, saying the amount “might be a little rich for this case.”

  • April 20, 2018

    Drivers Say New Nissan Sunroof Claims Pass Legal Muster

    Nissan drivers who seek damages over an alleged defect in panoramic sunroofs on some of the automaker’s vehicles asked a California federal judge on Friday to keep their case alive, saying their updated complaint meets the requirements of Illinois and Colorado consumer protection laws.

  • April 20, 2018

    Senate Dems Press For Info On Koch Ties To Trump Policies

    Senate Democrats have demanded information from President Donald Trump and several federal agencies including the EPA and the U.S. Department of Labor concerning the alleged “sweeping infiltration” of the current administration by the Koch brothers and their affiliates, Sen. Sheldon Whitehouse, D-R.I., announced Friday.

  • April 20, 2018

    DeVry Board Must Face Bulk Of Investor's False Ad Claims

    A shareholder's claims against the former DeVry University Group’s directors alleging the company falsely advertised the employment rates of its graduates mostly survived a motion to dismiss Friday when a Delaware Chancery Court judge ruled the facts in the complaint supported the claims.

  • April 20, 2018

    SunTrust Data Theft May Have Impacted 1.5M Customers

    SunTrust Banks Inc. said Friday that a former employee may have made off with the personal information of roughly 1.5 million customers, potentially compromising details like client names, addresses, phone numbers and account balances.

  • April 20, 2018

    Many Cos. Likely Won't Be Ready For GDPR, Survey Finds

    The European Union’s sweeping new data regime is set to take effect next month, but many companies aren’t on track to be in compliance by the deadline, according to a McDermott Will & Emery LLP-sponsored study released Friday, with almost half of the businesses surveyed saying they don’t expect to be ready.

  • April 20, 2018

    Fiat Chrysler Gets Partial Win In Faulty Engine Case

    A New York federal judge on Thursday tossed three of five claims in a proposed class action alleging Fiat Chrysler manufactured Jeep Wranglers with a faulty engine that prevents the heating and cooling systems from working properly.

  • April 20, 2018

    Wells Fargo Fined $1B For Mortgage, Auto Lending Abuses

    Wells Fargo will pay a $1 billion fine to the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency as part of settlements unveiled Friday resolving allegations of improper practices in the bank’s auto lending and mortgage divisions.

  • April 19, 2018

    Microsoft Customer Data Demands Drop To Record Low

    Microsoft received nearly 23,000 requests from law enforcement agencies around the world for access to its customers' data in the second half of 2017, the lowest total since the tech giant began publicly reporting such figures five years ago, according to a transparency report released Thursday.

  • April 19, 2018

    Sears, More Retailers Say LA's False Markdown Suits Must Go

    J.C. Penney, Sears, Kohl’s and Macy’s on Thursday urged a California judge to dismiss the Los Angeles city attorney’s suits alleging the retailers trick consumers with inflated “original” prices on sale goods, arguing the city is pushing an unnecessarily narrow definition of “original” that consumers don’t share.

  • April 19, 2018

    7th Circ. Urged To Revive Deutsche Bank Tax Shelter Suit

    A former client of Deutsche Bank AG asked the Seventh Circuit on Thursday to revive his years-old lawsuit accusing the bank and other financial advisers of breaching their fiduciary duties by advising him to set up an illegal tax shelter, saying the lower court incorrectly found he was not actively litigating his case during a 16-month gap in docket activity.

  • April 19, 2018

    Facebook To Shrink GDPR Liability With New Service Terms

    Facebook Inc. said Thursday that more than 1.5 billion users who had agreed to be governed by Irish law will be asked to sign new terms of service with its U.S. headquarters, in a shift that would push those users beyond the reach of the European Union's new data regime.

Expert Analysis

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning on April 28, it is possible that acting Chairman Maureen Ohlhausen will be left as the sole commissioner. The FTC appears to believe that it can take formal action by a 1-0 vote, but to allow this would be possibly not lawful and certainly not wise, say professor Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Aviation Update: The Rise Of The Dreamliner

    Alan Hoffman

    The 787 Dreamliner's lithium batteries experienced multiple thermal runaway events soon after the plane went into service. But the manufacturer, the FAA, the NTSB and the airlines worked together to quickly and effectively solve the problem. Five years later, the 787 has compiled an admirable operational record, and Boeing continues to receive new orders, says Alan Hoffman, a retired attorney and private pilot.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 3

    Eric Weiss

    In the final article of their series on the American Bar Association’s 66th Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP offer key takeaways from some of the sessions on consumer protection.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.