Consumer Protection

  • November 22, 2017

    Bumpy Ride Ahead For Uber After Data Breach

    Heavy legal traffic lies ahead for Uber as the ride-sharing giant reckons with fallout from a massive hack that exposed personal data of 57 million users worldwide. The $70 billion company is at risk for enforcement actions in the U.S and around the globe for waiting over a year to disclose an October 2016 breach that the company paid hackers $100,000 to keep quiet.

  • November 22, 2017

    Top Takeaways From The Net Neutrality Rollback Draft

    The Federal Communications Commission has revealed the substance of its draft plan for reversing net neutrality protections that have been on the books since 2015. Here's what you need to know.

  • November 22, 2017

    State AGs Grill Uber Over Theft Of Data On 57M Riders

    Massachusetts Attorney General Maura Healey said Wednesday on Twitter that she is investigating Uber Technologies Inc. for last year’s cyberattack, while New Mexico Attorney General Hector H. Balderas demanded answers to a list of questions he sent to the company about the breach, in which Uber said hackers stole personal data on 57 million riders.

  • November 22, 2017

    CFTC Settles Fraud Suit Over Online Trading School For $5M

    A California couple accused of scamming would-be commodity futures traders into purchasing expensive memberships in their SchoolOfTrade.com business have been put on the hook for paying nearly $5 million in restitution and civil penalties as part of a deal ending a U.S. Commodity Futures Trading Commission fraud suit.

  • November 22, 2017

    Consumers Say Hedge Fund Financed Illegal Tribal Lending

    Vermont residents on Tuesday hit a hedge fund with a proposed class action in federal court alleging it helped concoct a sham tribal payday lending scheme meant to skirt laws preventing companies from charging consumers exorbitant interest rates while hiding behind tribal sovereign immunity.

  • November 22, 2017

    2nd Circ. Won't Revive Ad Suit Against Slingbox Maker

    A Second Circuit panel on Wednesday affirmed a lower court’s dismissal of a proposed class action accusing Sling Media Inc. of adding unwanted advertisements to its Slingbox mobile streaming service, concluding that the consumers did not plausibly allege a deceptive act or practice on Sling’s part.

  • November 22, 2017

    Ill. Condo Sellers Say Online Database Overcharged Them

    CondoCerts.com, a web database that sells statutorily mandated certification documents to people selling condos in Illinois, was hit with a $5 million putative class action from sellers who claim it's illegal for the website to charge "more than the reasonable cost of copying those documents."

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    What To Watch As Supreme Court Tackles Location Privacy

    The U.S. Supreme Court is gearing up to hear arguments on Nov. 29 in a privacy case that has the potential to set a definitive standard for how both the government and private companies can use individuals' location data, and attorneys say there are several important questions to be on the lookout for to help determine how the justices may rule.

  • November 22, 2017

    FCC Not Cooperating In 'Fake' Comments Probe, NY AG Says

    New York Attorney General Eric Schneiderman blasted the Federal Communications Commission in a letter Tuesday, saying the agency has refused to cooperate in an investigation into allegedly false comments on its upcoming net neutrality order.

  • November 22, 2017

    Finance Group Slams Proposed $12B CFPB Student Loan Deal

    A national structured finance trade group attacked a proposed Consumer Financial Protection Bureau lawsuit settlement with owners of $12 billion in securitized student loans late Tuesday, saying the federal court deal in Delaware could destabilize the industry and economy.

  • November 22, 2017

    Evolving Tech Drives New Risks For Transpo Cos.

    Technological advancements and changing consumer demands are forcing transportation companies to streamline their operations to stay competitive, and experts warn that adapting to the changing landscape means tackling new legal risks. Here, Law360 examines some emerging technology in the transportation sector.

  • November 22, 2017

    VW Can't Duck Suspension Defect Suit After New Claim Filed

    A Florida federal judge on Tuesday denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

  • November 21, 2017

    7-Eleven Settles Prop 65 Coffee Case, Will Post Signs

    7-Eleven Inc. will post signage alerting California consumers to the presence of a cancer-linked chemical in coffee products and pay $900,000 in penalties and costs, according to a settlement approved by a California judge on Tuesday in a Proposition 65 case that’s still ongoing against dozens of other coffee roasters and retailers.

  • November 21, 2017

    Attys On Both Sides Of Jeep Row Sanctioned By Calif. Judge

    Attorneys on both sides of a lawsuit that accuses Fiat Chrysler Automobiles of failing to honor the warranty on an allegedly faulty Jeep Grand Cherokee were sanctioned by a California federal judge Tuesday for missing court deadlines.

  • November 21, 2017

    Citibank To Pay $6.5M Over CFPB Student Loan Probe

    The Consumer Financial Protection Bureau said Tuesday that Citibank NA would pay a $2.75 million fine and refund $3.75 million to private student loan borrowers over accusations that it charged them excess fees and provided them with incorrect or insufficient information as far back as 2006.

  • November 21, 2017

    Supervalu Shoppers Say Co. Can't Check Out Of Breach MDL

    A group of consumers argued Monday that Supervalu Inc. can’t shake multidistrict litigation over two 2014 data breaches after the Eighth Circuit sent the matter back to Minnesota federal court upon determining that just one of the shoppers leading the consolidated action had standing, saying the grocery chain wants to impose an unfairly high standard.

  • November 21, 2017

    Juice Maker Didn't Face 'Claim' Until Labeling Suit: Judge

    A Washington federal judge on Tuesday found a juice maker had given its insurer sufficient notice to be covered for a labeling suit, saying the initial statutory notice the company received was not a claim.

  • November 21, 2017

    Uber Admits Hackers Stole Data On 57 Million Riders

    Uber admitted Tuesday that hackers stole personal data on 57 million riders worldwide, in a breach the company did not disclose for over a year.

  • November 21, 2017

    What We Know About The Upcoming Net Neutrality Vote

    The Federal Communications Commission revealed its plans Tuesday to vote on the proposed rollback of net neutrality protections at its December open meeting. The substance of the proposed order is expected to be unveiled Wednesday, but FCC commissioners and senior officials have already painted the broad strokes of what a net neutrality rule repeal will look like. Here's what we know about the upcoming Restoring Internet Freedom vote.

Expert Analysis

  • Amarin Case Demonstrates Limits Of ITC Jurisdiction

    Matthew Rizzolo

    Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Financial Crisis, 10 Years On

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    One decade since the first signs of trouble, members of the Financial Crisis Inquiry Commission, former Obama administration officials, and legal industry experts explore the profound impact of the Great Recession.

  • Potential For A New Course At The CFPB

    Allison Schoenthal

    The Consumer Financial Protection Bureau has been a lightning rod for controversy since its creation in 2010. Now, with the announcement of Director Richard Cordray's resignation last week, Allison Schoenthal of Hogan Lovells examines what changes may be on the way.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Opinion

    CRA Review Of Bank Regulatory Guidance Is A Bad Idea

    Michael Silva

    Following the recent determination that the Interagency Guidance on Leveraged Lending is subject to the Congressional Review Act, a congressman urged bank regulators to review all of their existing guidance and determine if any should be submitted to Congress. However, regulators should respectfully decline to do so, says Michael Silva, chairman of the financial services regulatory practice at DLA Piper.

  • Why The FDA Wants To Revoke Permission For A Health Claim

    Todd Halpern

    The U.S. Food and Drug Administration recently proposed the revocation of authorization for a health claim about the relationship between soy protein and coronary heart disease. This is the first time that the FDA has proposed such an action, and it may encourage reassessment of other authorized health claims, say attorneys with Venable LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.