Consumer Protection

  • September 05, 2024

    Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal

    Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.

  • September 05, 2024

    Mayors Say No To FCC Bulk Billing Proposal

    Dozens of mayors from across the country have teamed up to tell the Federal Communications Commission that they are against its plans to enact stricter regulations against bulk billing arrangements, saying the agency's "intervention would be detrimental."

  • September 05, 2024

    FCC Says Telecom Needn't Cover Already Funded Tribes

    A pair of tribes in Oklahoma and Arizona already have plans to use federal funding to get broadband to their people, so the FCC has agreed to remove the tribal lands from the area one telecom was required by its federal grant commitments to provide service to.

  • September 05, 2024

    Split 3rd Circ. Won't Rule Out Pa. As Wiretapping Suit Forum

    The Third Circuit ruled in a precedential opinion Thursday that a lower court must reconsider if Pennsylvania consumers can sue for privacy violations caused by session replay software, reviving a portion of consolidated wiretapping class claims over activity tracking on websites for companies including Papa John's and Mattress Firm.

  • September 05, 2024

    Google Wants To Know Now What Search Fixes DOJ Will Seek

    The U.S. Department of Justice and Google are offering a D.C. federal judge opposing views about how the remedy phase should go in the search monopolization case, with Google pressing to know as soon as possible what enforcers will be asking for.

  • September 05, 2024

    Dodge Ram Drivers Urge 6th Circ. To Revive Emissions Claims

    Dodge Ram drivers pressed the Sixth Circuit to revive their proposed class action alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed their trucks as being more environmentally friendly than they actually were, saying a Michigan federal judge incorrectly found that their claims conflicted with federal law.

  • September 05, 2024

    Industry Presses House To Clear Broadband Permit Hurdles

    Nearly a dozen industry groups on Thursday called for U.S. House leaders to finally pass a bill that would help clear various permitting hurdles for broadband network projects.

  • September 05, 2024

    Texas Bank Ordered To Boost AML Compliance For Crypto Biz

    The Federal Reserve has told a Texas institution to shore up "significant deficiencies" in its risk management and anti-money laundering procedures as they relate to crypto customers, among other concerns.

  • September 05, 2024

    OpenAI Slams YouTuber's AI Training Class Action

    OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.

  • September 05, 2024

    Biden Admin Issues Plans To Address PFAS Use, Exposure

    The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.

  • September 05, 2024

    Target Says TikTok Claims Are No Match For Actual Facts

    Target told a federal court Wednesday that allegations it secretly employed facial recognition technology to collect shoppers' biometric data without their consent have no basis in fact.

  • September 05, 2024

    Fraud Claims Trimmed In Faulty VW Turbocharger Suit

    A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.

  • September 05, 2024

    DOJ And Google Set For Trial, Again, This Time Over Ad Tech

    The U.S. Department of Justice is up Monday for its second high-stakes trial against Google in a year, going after the alleged monopolization of key digital advertising technology in Virginia federal court.

  • September 05, 2024

    Attys' Group Urges Justices To Back Trucker's CBD RICO Suit

    The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."

  • September 05, 2024

    Conn. Bar Says Woman Owes Exhibits In Suit Over Exam Tech

    A bar examinee suing the Connecticut Bar Examining Committee and ExamSoft over an alleged software crash that hindered her ability to complete the exam has failed to file three exhibits referenced in her complaint, which the committee said Thursday makes it difficult to move to dismiss the matter.

  • September 12, 2024

    Squire Patton Hires Disputes Pro From Eversheds Sutherland

    Squire Patton Boggs LLP has said that a former trainee who specializes in commercial disputes has returned to the firm as a partner in its office in Birmingham, as it continues to expand its litigation practice across the U.K.

  • September 05, 2024

    Flyers Denied $34M Fee For JetBlue, Spirit Deal Challenge

    Airline passengers who launched an antitrust lawsuit over JetBlue's since-scrapped plan to merge with Spirit won't recoup any of the $34 million in legal fees they urged a Massachusetts federal court to award because the travelers can't be considered to have won on their claims, a federal judge in Boston said Thursday.

  • September 05, 2024

    Ill. Judge Exits Home Sellers' Broker Fees Antitrust Suit

    An Illinois federal judge has recused herself from a certified and settled class action that accused the National Association of Realtors and multiple major brokerages of conspiring to charge artificially inflated broker commissions for home sellers.

  • September 05, 2024

    Ticketmaster Faces UK Probe Over Oasis Tour Sales

    The competition watchdog said Thursday it has launched an investigation into Ticketmaster over concerns that it duped fans of Oasis into paying higher prices for their tickets to the rock band's scheduled reunion concerts using so-called dynamic pricing.

  • September 04, 2024

    Robinhood Inks $3.9M Deal In Calif.'s Crypto Withdrawal Probe

    Robinhood's cryptocurrency trading platform will pay a $3.9 million penalty to resolve the state of California's claims that the Menlo Park-based company didn't allow customers to make withdrawals from their accounts from 2018 to 2022, California Attorney General Rob Bonta announced on Wednesday.

  • September 04, 2024

    X Stops Training Grok On EU Users' Posts To End Irish Action

    X Corp., the former Twitter, has agreed to permanently halt its efforts to train its chatbot Grok on personal data lifted from public posts made by its European Union users in order to resolve an urgent proceeding pressed by Ireland's data protection authority, the regulator announced Wednesday.

  • September 04, 2024

    Albertsons CEO Takes Stand On Kroger Merger, Missing Texts

    Federal Trade Commision attorneys on Wednesday pressed Albertsons Cos. Inc. CEO Vivek Sankaran in Oregon federal court about why he had such dire predictions about the company's future without a merger with Kroger despite previous statements about how his company had been crushing the competition.

  • September 04, 2024

    UBS Financial Gets Wrapped Up In Cash Sweep Class Action

    UBS Financial Services has been hit with a proposed class action suit alleging it prioritized its own financial interests and those of its affiliated banks over customers by using its cash sweep program to direct customers' uninvested cash balances into accounts that disproportionately benefited the investment bank.

  • September 04, 2024

    SEC Fines NJ Financial Cos. For Whistleblowing Violations

    New Jersey-based brokerage Nationwide Planning Associates Inc. and two affiliated investment advisers have agreed to collectively pay $240,000 to settle allegations that they prevented their clients from acting as whistleblowers, the U.S. Securities and Exchange Commission announced Wednesday.

  • September 04, 2024

    Universal Service Fund's End Called Crushing For Broadband

    A rural telecom trade association is warning of skyrocketing rates and provider loan defaults if the U.S. Supreme Court upholds a Fifth Circuit decision to end the Universal Service Fund as it's currently constructed, citing internal survey findings that 68% of responding telecoms would cancel broadband deployment projects next year.

Expert Analysis

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How To Deploy AI In A Dangerous Threat Landscape

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    Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • CFPB's Medical Debt Proposal May Have Side Effects

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    The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions

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    Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • 7th Circ. Ruling Expands CFPB Power In Post-Chevron Era

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    The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • What's In NYDFS Guidance On Use Of AI In Insurance

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    Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Opinion

    Data Breach Reporting Requirements Must Change In AI Age

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    Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.

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