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Consumer Protection
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April 16, 2024
South State Bank Breach Exposed 1 Million People, Suit Says
South State Bank is facing a proposed class action accusing it of negligence following a February data breach that allegedly compromised the personal information of more than a million current and former customers.
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April 16, 2024
Public Advocates Say Surveillance Cams Could Disrupt Wi-Fi
Advocacy groups are banding together against Axon's bid for a Federal Communications Commission rule waiver to operate high-powered surveillance cameras, saying their signals could disrupt Wi-Fi use, especially in low-income neighborhoods.
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April 16, 2024
Court Urged Not To Quash Google's Agency Subpoenas
A special master has recommended that a Texas federal court allow Google to interview witnesses from three state agencies as the tech giant defends against a case from state-level enforcers accusing it of monopolizing key digital advertising technology.
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April 16, 2024
Zuckerberg Dodges Liability In Meta Addiction MDL, For Now
A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.
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April 16, 2024
FTC To Unveil, Vote On Final Noncompetes Ban April 23
The Federal Trade Commission gave a one-week heads up Tuesday of its impending unveiling of — and vote on — the final version of a rule that would ban essentially all noncompete agreements employers impose on their workers.
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April 16, 2024
Binance.US Adds Ex-NY Fed Compliance Chief To Board
Binance.US announced Tuesday that it had brought aboard a seasoned compliance and regulation expert to join its board of directors, three months after the cryptocurrency platform hired a new top compliance officer amid federal regulators' ongoing scrutiny of the platform.
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April 16, 2024
Capital One Escapes Customer Sign-Up Bonus Suit, For Now
A California federal judge dismissed a proposed class action brought by a Capital One customer who claimed he applied for a credit card but never got a promised sign-up bonus, saying that a social media advertisement about a bonus was not enough to allege traceability.
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April 16, 2024
Chancery Tosses Zelle Fraud Suit Against JPMorgan Directors
A JPMorgan Chase & Co. shareholder that sued the bank's board for allegedly ignoring fraud on the payment platform Zelle has not shown the bank failed to respond to the problem, a Delaware Chancery Court judge ruled Tuesday, dismissing the shareholder's case.
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April 15, 2024
Mental Health Co. Cerebral To Pay $7M Over Data Failures
Mental health service provider Cerebral Inc. will pay more than $7 million to settle claims from the Federal Trade Commission, saying it failed to protect users' sensitive health data and made it difficult for patients to cancel services and stop recurring charges, according to a Monday court filing.
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April 15, 2024
Dems Grill Chamber Over 'Outrageous' CFPB Card Fee Suit
Two top Democratic senators are calling on the U.S. Chamber of Commerce to explain why it sued to block the Consumer Financial Protection Bureau's $8 credit card late fee rule, a case they say is "outrageous" and puts the interests of big banks over the group's rank and file.
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April 15, 2024
SeaWorld's Sesame Park Visitors Can't Get Cert. In Bias Fight
A Pennsylvania federal judge refused Monday to certify a class of Hispanic and Black customers who allege performers at the SeaWorld Parks & Entertainment Inc.-owned theme park Sesame Place discriminated against and ignored minority children, finding that the proposed 130 children class size is based on inadmissible speculation.
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April 15, 2024
EPA Says Legacy Asbestos Poses Unreasonable Risk
The U.S. Environmental Protection Agency released on Monday its long-awaited draft for the second part of its asbestos risk evaluation, which determined handling asbestos associated with legacy uses presents undue human health risks.
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April 15, 2024
Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products
California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.
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April 15, 2024
MGM Slams FTC Probe After Cyberattack During Khan Visit
MGM Resorts International on Monday accused the Federal Trade Commission of launching an "unconstitutional" investigation into its data protection practices after FTC Chair Lina Khan stayed at an MGM hotel in Las Vegas during a major cyberattack last year, according to a suit filed in D.C. federal court.
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April 15, 2024
Whistleblower Says Lab Co. Ran COVID-Testing Scheme
A California-based diagnostics firm and its CEO have been hit with a whistleblower suit in Washington federal court by an ex-lab director who claims an affiliated company flouted regulatory standards and fraudulently billed government healthcare programs for COVID-19 tests on patients with private insurance.
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April 15, 2024
4th Circ. Won't Let Borrower Pin Feds' Flub On Pa. Agency
The Fourth Circuit refused Monday to revive a lawsuit brought by a borrower alleging that a state student-loan-servicing agency's misrepresentations thwarted a loan forgiveness opportunity, with a panel reasoning that the organization was immune from the lawsuit.
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April 15, 2024
House Rejects Bid To Overturn Spy Bill Authorization
The U.S. House of Representatives on Monday rejected an attempt to overturn legislation reauthorizing a controversial foreign surveillance program after several Republican lawmakers took issue with the exclusion of a warrant requirement for accessing U.S. citizens' information.
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April 15, 2024
Minimize Nat'l Security Regs On Broadband, Verizon Says
Verizon said the Federal Communications Commission should not impose national security reviews that could disrupt existing broadband service when it passes a net neutrality order as expected this month.
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April 15, 2024
Doc's NDAs Illegally Silenced Negative Reviews, Judge Says
A Washington state plastic surgery practice illegally required patients to sign pretreatment nondisclosure agreements that threatened to punish them for posting negative online reviews, a Washington federal judge has determined.
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April 15, 2024
CFPB Hits Back At Bank Challenge To Small-Biz Lending Rule
The Consumer Financial Protection Bureau has urged a Texas federal judge to dispense with an industry-backed challenge to its now-stayed reporting requirements for lenders in the nearly $2 trillion small-business loan market, arguing much of the case boils down to a beef with Congress for mandating the requirements in the first place.
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April 15, 2024
Apple Faces Two Suits Over IPhone Market Dominance
Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.
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April 15, 2024
Pet Food Brand Chicken Soup Says Supplier Hiked Costs
A manufacturer that supplied the Chicken Soup for the Soul pet food brand bought ingredients from its own subsidiary, hiked prices and failed to deliver products, according to a response to the manufacturer's $3.1 million allegation that the name brand failed to pay for food already manufactured and sold to consumers.
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April 15, 2024
L'Occitane Privacy Suit Against Zimmerman Reed Trimmed
A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.
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April 15, 2024
Apple Defends Anti-Steering Rule Compliance In Epic Case
Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.
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April 15, 2024
Meta, FTC Pause Constitutionality Fight For High Court Ruling
Meta and the Federal Trade Commission agreed Monday to pause Meta's challenge of FTC changes to a 2020 settlement over user privacy until the U.S. Supreme Court issues a ruling on a similar case involving the U.S. Securities and Exchange Commission.
Expert Analysis
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Opinion
CFPB Must Clarify When Anti-Fraud Benefits Offset Harms
The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Generative AI Model Evals: A Primer For Compliance Officers
A better understanding of evaluation and benchmarking practices for generative artificial intelligence can help compliance officers and other responsible AI practitioners identify associated risks and the degree to which mitigation might prove effective, say Collin Starkweather and Ekene Chuks-Okeke at Luminos.Law.
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OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations
The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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A Potential Proactive Tool For Public-Private Joint Ventures
In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.