Consumer Protection

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Homeowners Say JPMorgan Forecloses Without Proper Notice

    A class action bumped up to federal court on Tuesday claimed JPMorgan Chase & Co. has foreclosed on “hundreds” of houses after homeowners missed three mortgage payments without attempting to confer with the owners as required by federal regulation.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.

  • May 22, 2018

    CFPB Gets $21M Default Win In Debt-Relief Services Suit

    A Maryland federal judge on Tuesday handed the Consumer Financial Protection Bureau a win by default in its suit over a “debt validation” program that was allegedly marketed with false claims of government affiliation, slapping the no-show defendants with a nearly $21 million judgment.

  • May 22, 2018

    Ill. Robitussin Buyers Slam Bid To Toss Nationwide Claims

    Consumers blasted Pfizer Inc.'s second bid to toss nationwide class claims from an Illinois federal suit accusing the company of overcharging for its “Maximum Strength” Robitussin, saying Tuesday that its request is not based on new or intervening law.

  • May 22, 2018

    FCC Dismissed Claim Securus Peddled User Data, Atty Says

    A Washington, D.C., telecommunications attorney says it has taken the Federal Communications Commission nearly 10 months to begin looking into allegations he raised that prison telephone company Securus Technologies failed to safeguard personal data of inmates and others.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    Sens. Whose IDs Used In Fake FCC Posts Tell Pai To Fix Site

    Two senators, one from each party, have told Federal Communications Commission Chairman Ajit Pai to fix a public commenting system that has let bots produce millions of fraudulent comments under stolen identities — including the identities of the senators themselves.

  • May 22, 2018

    Poor Families Need 'Kid Vid' Programming Rules, Dems Say

    A group of Democratic senators has urged the Federal Communications Commission to keep intact its rules governing children's educational programming, saying that low-income households still rely on the free, over-the-air "kid vid" content amid a proliferation of streaming services and other online video sources.

  • May 22, 2018

    Consumers Hit Debt Collector With TCPA Suit

    Diversified Recovery Bureau LLC on Tuesday was hit with a putative class suit alleging that the debt collector violated the Telephone Consumer Protection Act by placing unsolicited calls to their cellphones using an autodialer.

  • May 22, 2018

    House Sends Dodd-Frank Banking Rule Rollback To Trump

    The U.S. House of Representatives on Tuesday passed a major rollback of Dodd-Frank rules, sending a package of financial industry changes that backers say cut costly and burdensome regulations to President Donald Trump, who has indicated his support for the measure.

  • May 22, 2018

    EU Officials Grill Zuckerberg On Privacy, Antitrust, Legacy

    European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.

  • May 22, 2018

    Russian-Hired Hacker Asks Judge To Halve 8-Year Sentence

    A Canadian “hacker-for-hire” has urged a California federal court to halve the prison sentence recommended for him by the federal government to four years, arguing that prosecutors have been unable to show a shred of evidence that he caused real-world harm by breaking into 11,000 email accounts.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 22, 2018

    Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

    The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million.

  • May 21, 2018

    OPM Should Face Revived Data Breach Suit, DC Circ. Told

    The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.

  • May 21, 2018

    FCC Investigating Cellphone Location-Tracking Co. After Leak

    The Federal Communications Commission is investigating cellphone location data provider LocationSmart after a researcher discovered the company’s website was leaking location data that allowed for the tracking of any AT&T, Sprint, T-Mobile or Verizon phone in the United States without customer consent.

  • May 21, 2018

    Uber Asks Judge To Axe Wheelchair Passenger ADA Suit

    Uber Technologies Inc. asked a Chicago federal judge on Friday to reject a suit that accuses it of violating the Americans with Disabilities Act by failing to accommodate passengers who use motorized wheelchairs, saying the ADA’s mandates don’t apply and the plaintiffs lack standing to sue.

Expert Analysis

  • Health Tech Is The New Focus For Cybersecurity Policy

    Elliot Golding

    Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Relief From CFPB’s Auto Guidance May Be Short-Lived

    Dowse Rustin IV

    In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.

  • Facing The Homestretch Of GDPR Prep: Part 3

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.