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Consumer Protection

  • December 12, 2018

    Man Admits Posing As SEC Officer To Collect Bogus Fees

    A Pennsylvania man charged with shaking down investors by pretending to be a U.S. Securities and Exchange Commission officer pled guilty Tuesday in Massachusetts federal court to two conspiracy counts.

  • December 12, 2018

    Centerplate Customer Takes 2nd Swing At Receipt Privacy Suit

    Sports concessions vendor Centerplate Inc. should have to face claims it violated the Fair and Accurate Credit Transactions Act by printing customers’ full credit card numbers on receipts, a customer told the D.C. Circuit in a bid to revive her case.

  • December 12, 2018

    DOJ Enforcer Denies Politics Played Into AT&T, Warner Case

    The U.S. Justice Department's top antitrust enforcer on Wednesday deflected lawmakers' concerns that White House pressure led to the DOJ's challenge to the tie-up of AT&T and Time Warner, insisting that political influence plays “absolutely” no role in the agency's reviews of megamergers.

  • December 12, 2018

    VW Banks On Federal Shield To Beat States' Emissions Suits

    Volkswagen AG’s recent wins against states that separately sued the German automaker for environmental or anti-tampering law violations over its 2015 diesel emissions-cheating scandal have reinforced the federal government’s authority to regulate motor vehicle and emissions standards, spelling trouble for other pending state and county lawsuits.

  • December 12, 2018

    'SuperStarch' Maker Settles Suit Over Performance Claims

    The maker of sports drinks and bars advertised to contain the performance-enhancing “SuperStarch” has settled a proposed class action brought by an Illinois man who claimed the products actually impaired athletes by causing them gastrointestinal distress, according to an attorney who worked on the case.

  • December 12, 2018

    FDA Boss Vows Crackdown On Stem Cell, Supplement Cos.

    The U.S. Food and Drug Administration’s leader on Wednesday said that tougher enforcement is coming in early 2019 for bogus claims or shoddy manufacturing involving stem cell therapies, dietary supplements and compounded drugs.

  • December 12, 2018

    1-800 Contacts Asks FTC To Stay Ruling Axing Ad Compacts

    Online retailer 1-800 Contacts Inc. has asked the Federal Trade Commission to stay part of its recent ruling knocking out more than a dozen of the lensmaker’s marketing agreements, saying the decision goes too far and blocks the company from enforcing its own trademarks and keeping up with competitors.

  • December 12, 2018

    Pa. Law Firm Hit With Debt Collection Suit By Consumers

    A Pennsylvania-based law firm is facing class claims alleging that notices it sent to consumers about actions against them did not live up to requirements under the Fair Debt Collection Practices Act.

  • December 12, 2018

    Charter Looks To Nix TCPA Suit Over Unwanted Calls

    Charter Communications Inc. asked a West Virginia federal judge Tuesday to dismiss a complaint accusing it of violating the Telephone Consumer Protection Act by sending unsolicited calls using an autodialer, saying the calls were not made by the company and it does not do business in West Virginia.

  • December 12, 2018

    FanDuel's Hidden Arbitration Pact Preserves MDL, Users Say

    A user agreement was not conspicuous enough to compel FanDuel Inc. users to arbitration to settle multidistrict fraud claims, a Massachusetts federal judge was told Wednesday during a hearing over a suit saying FanDuel and DraftKings Inc. falsely told consumers their games could be won by average players.

  • December 12, 2018

    Google Tracking Class Actions Consolidated In Calif.

    Six proposed class actions accusing Google of tracking and storing users’ private location information even, in instances where consumers have opted out, have been consolidated in a California federal court.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    Industry Groups Hail Move For Reassigned Numbers Database

    The Federal Communications Commission voted Wednesday to establish a comprehensive database of reassigned phone numbers, which it says will help companies keep track of when consumers abandon a phone number and cut down on the amount of misdirected calls.

  • December 11, 2018

    Consumer Allies Blast CFPB's Proposed No-Action Overhaul

    The Consumer Financial Protection Bureau wants to overhaul its policy on no-action letters and create a regulatory sandbox to attract more companies seeking to test out new consumer offerings, but consumer advocates and their allies warned Tuesday that the proposed changes go too far.

  • December 11, 2018

    Fiat Presses Supreme Court To Undo Car-Hacking Cert. Order

    Fiat Chrysler urged the U.S. Supreme Court on Tuesday to resolve a circuit split and allow it to swiftly challenge an Illinois district court's certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the lower court's "manifest errors" cannot go unchecked.

  • December 11, 2018

    Mass. Says Starion Filed Ch. 11 To Evade Regulatory Action

    The commonwealth of Massachusetts filed a motion to dismiss the Chapter 11 case of electricity supplier Starion Energy Inc. on Monday, saying the company filed the case in bad faith to avoid responsibility for regulatory penalties imposed by the state’s attorney general for deceptive business practices.

  • December 11, 2018

    Judge Knocks Cambridge Analytica Exec's Ch. 7 Escape Bid

    The New York bankruptcy judge overseeing Cambridge Analytica LLC's Chapter 7 case Tuesday said he will likely continue to hold the company director who signed the bankruptcy papers responsible for Cambridge’s part in the case.

  • December 11, 2018

    VW Slams Bondholder's Bid To Redo Emissions Fraud Suit

    Volkswagen has told a California federal judge that a bondholder cannot tack on insider trading claims to a proposed class action alleging it was duped into buying overpriced bonds based on misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal.

  • December 11, 2018

    General Mills Escapes Suit Over Trans Fat Use

    A California federal judge has dismissed a putative class action claiming General Mills' baking mixes are unsafe because they use trans fat-containing partially hydrogenated oils, saying the consumer's state claims are preempted by federal law.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Which Class Action Question Will Justices Decide?

    Steve Carey

    In Frank v. Gaos, the U.S. Supreme Court may never address the issue of cy pres awards if it instead rules that none of the named plaintiffs had standing to bring the class action in the first place, says Steve Carey of Parker Poe Adams & Bernstein LLP​​​​​​​.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Proposed FDA Drug Software Rules Strict On Pharma Cos.

    Albert Cacozza

    If implemented, the U.S. Food and Drug Administration's proposed framework for regulating prescription drug-use-related software would likely mean that pharmaceutical companies will need to exert more control over certain software applications and be more involved in software update processes, say attorneys at Ropes & Gray LLP.

  • Don't Overlook Canada's New Data Breach Notification Rules

    José Vega

    The reach of Canada's Personal Information Protection and Electronic Documents Act — which recently imposed new mandatory breach notification obligations — is far-ranging. U.S. companies that collect Canadian citizens' personal information should take note, say José Vega and Tyler Samsing of Bradley Arant Boult Cummings LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Calif. Privacy Act Will Increase Data Breach Liability

    Grant Davis-Denny

    The California Consumer Privacy Act's statutory damages provision will likely generate significant litigation and require courts to weigh in on various aspects of this important new remedy, say Grant Davis-Denny and Alex Gorin of Munger Tolles & Olson LLP.

  • A Look Back At Mulvaney's CFPB, And What's Ahead In 2019

    Stephanie Robinson

    With Kathy Kraninger now confirmed as the next director of the Consumer Financial Protection Bureau, attorneys with Mayer Brown LLP offer an in-depth look at how the agency has changed under acting Director Mick Mulvaney and what it may look like going forward.

  • Potential Impact Of New FDA Nutrition Label Requirements

    Lawrence Reichman

    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.