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Consumer Protection

  • November 13, 2018

    Hertz Say Consumer's Words Discredit Suit On Rental Fees

    The Hertz Corp. is asking an Illinois federal judge to end a proposed class action claiming the rental car company uses misleading names for some of its rental surcharges, saying the consumer has admitted she did not see the names used for the charges before she rented her car.

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    FERC Using Outdated Rate For Pipeline Fees, DC Circ. Hears

    The Federal Energy Regulatory Commission used outmoded data to compute the initial shipping rates for three major gas pipelines in the works, opening the door to overcharges down the road, two state utility regulators told the D.C. Circuit on Tuesday.

  • November 13, 2018

    Experian Strikes $22M Deal Over T-Mobile Data Breach

    Experian asked for preliminary approval of a $22 million class action settlement in California federal court Monday, ending privacy claims from 15 million T-Mobile customers who had their information released in a data breach.

  • November 13, 2018

    McDonald's Shakes ADA Suit Over Drive-Thru Access

    An Illinois federal judge on Tuesday put a stop to a proposed nationwide class action alleging the fast-food chain's "late-night," drive-thru-only policy excludes those who can't drive in the dark, saying the customer's claims are too general to bring the suit.

  • November 13, 2018

    VW Investors Challenge Bid To Toss Antitrust Stock-Drop Suit

    Volkswagen AG shareholders have pushed back against the carmaker's bid to escape antitrust and securities fraud charges in a proposed class action, telling a New York federal court that they properly backed their argument that the German automaker engaged in illegal conduct.

  • November 13, 2018

    Trump Picks Regulatory Czar For Kavanaugh's DC Circ. Seat

    President Donald Trump on Tuesday named the chief of the Office of Information and Regulatory Affairs for the D.C. Circuit post vacated by U.S. Supreme Court Justice Brett Kavanaugh, setting off a nomination fight for what's viewed as the nation's second-highest appeals court.

  • November 13, 2018

    Justices Won’t Hear Cert. Dispute In Vitamin E Labeling Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Pharmavite LLC over the certification of a class in a suit alleging its vitamin E supplements were misleadingly labeled.

  • November 13, 2018

    Airbnb Sues Boston Over 'Draconian' Short-Term Rental Regs

    Airbnb Inc. hit the city of Boston with a federal lawsuit Tuesday over its recently passed regulations on short-term rentals, saying the new rules run afoul of state and federal law and would require the online rental marketplace to dramatically alter its business model or else risk the city’s “draconian” sanctions.

  • November 13, 2018

    Justices To Consider FCC Deference In Junk Fax Case

    The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    Equifax, Oracle Accused Of Flouting GDPR Data Use Rules

    A British advocacy group is urging European privacy regulators to investigate Equifax, Oracle, Acxiom and several other data brokers and ad-tech companies for allegedly exploiting millions of people's personal data in violation of the bloc's stringent General Data Protection Regulation. 

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Feds Get Privacy Law Input From Industry, Consumer Groups

    Comments poured in Friday at the Trump administration's deadline for weighing in on the Commerce Department's privacy regime, with trade groups calling for uniform standards and consumer advocates pushing for a baseline federal privacy law.

  • November 9, 2018

    Justices Urged To Review Checked-Bag Fee Collusion Claims

    A group of airline passengers has urged the U.S. Supreme Court to review claims that Delta Air Lines Inc. and AirTran Airways Inc. colluded to tack on fees for first-checked bags, after the allegations were rejected by the Eleventh Circuit.

  • November 9, 2018

    Uber Fined $750K Over Response To DUI Driver Complaints

    Uber Technologies Inc. was fined $750,000 by the California Public Utilities Commission on Thursday because the ride-hailing giant failed to investigate or promptly suspend drivers suspected of driving under the influence.

  • November 9, 2018

    Schwab Wants ERISA Claims Over 401(k) Plan Nixed Again

    Charles Schwab & Co. Inc. told a California federal judge that the participant leading a proposed Employee Retirement Income Security Act class action against the company failed to remedy deficiencies in his breach of fiduciary and monitoring duty allegations, urging the judge to again toss the claims.

  • November 9, 2018

    Timeshare Owners Hit Marriott With Sanctions Bid

    Timeshare owners have asked a Florida federal court to sanction Marriott Ownership Resorts Inc. in a proposed class action claiming the timeshare company and its insurer duped them into invalid real estate deals with Orange County's help, saying it intentionally withheld "massive amounts" of documents during discovery.

  • November 9, 2018

    FCC Aims For Deference To Net Neutrality Order, GC Says

    The Federal Communications Commission is interested in keeping its net neutrality deregulation order on the books as it navigates D.C. Circuit challenges to the regime, but it’s not necessarily seeking a broader ruling that its approach is the only permissible way to classify broadband, the agency's general counsel told a Washington, D.C., audience Friday.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Has The 11th Circ. Become Consumer-Friendly?

    Austin Whitten

    Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • What To Remember About Calif.’s Right To Be Forgotten

    Grant Davis-Denny

    The California Consumer Privacy Act allows residents to request that a business delete from its systems the consumer’s personal information. Grant Davis-Denny and Nefi Acosta of Munger Tolles & Olson LLP explore the contours and ambiguities of this new "right to be forgotten," and the challenges that it may raise for the regulated community.