Consumer Protection

  • February 16, 2018

    No Rehearing After DC Circ. Backs Toss Of Chase FCA Suit

    The D.C. Circuit on Friday said it wouldn’t reconsider a ruling affirming the dismissal of a would-be whistleblower’s False Claims Act suit accusing JPMorgan Chase of failing to live up to responsible mortgage lending obligations agreed to under a post-financial crisis settlement.

  • February 16, 2018

    Fla. Software Co. Hit With TCPA Class Action Over Calls

    A software company that specializes in condominium and homeowners association communication platforms was hit with a putative class action in Illinois federal court Friday alleging the company violated the Telephone Consumer Protection Act by soliciting people to attend a conference.

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Polsinelli Adds Consumer Products Team From Holland & Hart

    Polsinelli PC has hired a trio of food, beverage and consumer goods attorneys from Holland & Hart LLP, bringing on the Colorado-based team's experience handling mergers and acquisitions, securities offerings, regulatory work and capital-raising for emerging growth companies in the industry.

  • February 16, 2018

    Rams Owner Avoids Deposition In Suit Over Move To LA

    A Missouri federal judge has refused to let a group of personal seat license holders depose Los Angeles Rams owner Stan Kroenke in their suit over the NFL team's move to Los Angeles after finding they haven't shown a need for his testimony.

  • February 16, 2018

    Facebook Threatened With $125M Fine For Tracking Belgians

    A Belgian court on Friday ordered Facebook to stop tracking Belgian citizens’ online activity on third-party websites — or face up to €100 million ($125 million) in fines.

  • February 16, 2018

    US Steel Can't Duck Suit Over Man's Cancer

    A Pennsylvania federal court has declined to dismiss claims by a man with cancer against United States Steel Corp. over allegations that the company knowingly supplied machine lubricant ingredients that contained a cancer-causing compound, despite being aware of the risks.

  • February 16, 2018

    Nissan Trims Suit Over Defective Sunroof Class Action

    Nissan has succeeded in trimming some breach of warranty and unfair trade practices claims from a proposed class action in California federal court alleging its panoramic sunroofs are prone to “explosively” shatter as a result of defects in the glass.

  • February 16, 2018

    Uber Says 3rd Time Not Charm For Driver Data Hack Class

    Uber Technologies Inc. on Thursday urged a California federal judge to toss for good a third amended putative class action claiming Uber lied about a 2014 data breach that compromised drivers’ personal information, saying the lead plaintiffs still haven’t demonstrated they were immediately harmed by the hack.

  • February 16, 2018

    Intel Says Chip Security Flaws Led To 30+ Suits Against It

    Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.

  • February 16, 2018

    McElroy Deutsch Nabs Ex-Locke Lord Atty For New RI Office

    McElroy Deutsch Mulvaney & Carpenter LLP has expanded into Rhode Island, as the firm opened an office in the state and brought in a former Locke Lord LLP product liability and health care specialist to manage and build out the new location.

  • February 16, 2018

    Car Dealer Too Late To Seek Reconsideration In Fraud Suit

    A New Jersey car dealership was too late in seeking another look at its failed bid to force arbitration of claims that it made a customer return a used vehicle and buy a new one, a state appeals court said Friday in a published opinion affirming a trial court ruling denying the company’s reconsideration motion.

  • February 16, 2018

    ConAgra Undermining MDL By Concealing Suit, 1st Circ. Told

    A class of consumers in multidistrict litigation accusing ConAgra of misrepresenting its Wesson oils as all-natural has urged the First Circuit to require the company to notify the Judicial Panel on Multidistrict Litigation of a potential tag-along suit, arguing its failure to do so “undermined the entire purpose of the MDL process.”

  • February 15, 2018

    Facebook, Twitter Still Violating Consumer Law, EU Says

    Facebook and Twitter have taken some recent steps to comply with European consumer law, but could still face sanctions over their processes for deleting user content, according to a European Commission report released Thursday.

  • February 15, 2018

    EquiTrust Hit With Suit Over Unauthorized Payout Fees

    EquiTrust Life Insurance Co. was hit with a putative class action in Florida federal court Wednesday by two policyholders who claim the company charges fees that aren't authorized in policy provisions when customers surrender or redeem their life insurance policies.

  • February 15, 2018

    Uber Drivers Win Class Cert. In Fair-Share Pay Suit

    A California federal judge on Wednesday certified a nationwide class of Uber drivers alleging the company’s upfront pricing model denies them their fair share of riders’ payments, a week after he described the suit as a “classic case of a class action” based on a form contract.

  • February 15, 2018

    Mass. Regulator Charges Scottrade Over Sales Contests

    The Massachusetts securities regulator on Thursday accused Scottrade Inc. of holding sales contests it knew flouted an internal impartial conduct standard it adopted to comply with the U.S. Department of Labor’s so-called fiduciary rule for retirement account advisers.

  • February 15, 2018

    Cos. Denied Rehearing In $1B Lead Paint Cleanup Suit

    A California appeals court Wednesday rejected arguments by Sherwin-Williams Co. and other paint companies that a decision that trimmed a $1.15 billion lead contamination judgment didn't go far enough, saying there was ample evidence the companies had promoted the use of lead paint despite knowing the health dangers.

  • February 15, 2018

    Mass. Lawmakers Eye Broad Sports Betting If Justices Ax Ban

    A joint committee in the Massachusetts Legislature on Wednesday began considering a bill that would make daily fantasy sports permanently legal and taxed in the state, but the legislation and lawmakers are also gearing up for what happens next if the U.S. Supreme Court strikes down a nationwide prohibition on placing bets during this session.

  • February 15, 2018

    Ariz. Car Rental Co. To Pay $1.85M For Defrauding Customers

    An Arizona state judge has ordered the owner of two rental car companies in Phoenix to pay nearly $2 million to resolve a consumer fraud lawsuit, finding that the companies improperly charged extra fees, misrepresented rental agreements and rented out cars with false odometer readings.

Expert Analysis

  • 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.

  • Auto Dealers Should Note FTC’s Deceptive Ad Actions

    Christian Scali

    The Federal Trade Commission recently announced it approved a final consent order settling charges against an auto dealership after it disseminated full-page Spanish-language advertisements in print and online. While this action is among the first taken by the FTC to explicitly pursue auto dealers who deceive consumers by switching languages, there have been similar crackdowns in recent years, say attorneys with Scali Rasmussen.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • A Fresh Look At CFPB's Enforcement Process

    Jean Veta

    In its most recent request for information the Consumer Financial Protection Bureau emphasizes seven aspects of its enforcement process that “may be deserving of more immediate focus.” Because the process is a series of interrelated steps, changes to any one of these areas may impact, or be impacted by, changes to other areas, say Jean Veta and Eitan Levisohn of Covington & Burling LLP.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.