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Consumer Protection
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June 14, 2024
Study Bulk ISP Billing, But Don't Pass Rules Yet, FCC Urged
A cable industry group is trying to dissuade the Federal Communications Commission from crafting new rules to clamp down on bulk billing practices for broadband services in apartment buildings.
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June 14, 2024
Political Speech Groups Challenge NJ Judicial Privacy Case
Two voting-integrity groups moved Friday to dismiss federal claims brought against them under New Jersey's Daniel's Law on the grounds that their business of publishing voter registration information is political speech protected by the First Amendment and federal voting rights laws.
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June 14, 2024
Dunkin' Franchise Must Face Customer's Race Bias Suit
An intermediate appellate court in Massachusetts on Friday revived part of a lawsuit brought by a Black customer of a Dunkin' franchise who says an employee deliberately ignored his order for 15 minutes, then threw his food at him and called him a racist epithet.
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June 14, 2024
Whole Foods Uses Tiny Label Font To Hide Costs, Suit Says
Whole Foods has been accused of hiding deposit fees and other costs with a barely perceptible font size on its labels, according to a proposed class action removed to Brooklyn federal court Friday.
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June 14, 2024
DOJ's Google Ad Tech Suit Bound For Sept. Trial
A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.
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June 13, 2024
Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit
Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.
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June 13, 2024
CFPB's Chopra Sees 'Pressing Need' For Data Protections
Consumer Financial Protection Bureau Director Rohit Chopra zeroed in on data usage and privacy during a Thursday hearing with House lawmakers, calling for sharper limits on what financial firms can do with customer data while also seeking to assuage concerns about his agency's plans for data sharing and data broker rules.
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June 13, 2024
Vt. Gov. Blocks 'Outlier' Data Privacy Bill With Lawsuit Trigger
Vermont's governor on Thursday vetoed a legislative proposal that would have given consumers not only new data privacy rights but also the rare opportunity to sue large businesses for certain violations, expressing concerns with the significant "risks" created by the "outlier" measure and urging the Legislature to instead embrace the model adopted by Connecticut and more than a dozen other states.
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June 13, 2024
FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker
Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.
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June 13, 2024
Thomas Targets Group Standing In Mifepristone Ruling
U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.
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June 13, 2024
KeyBank Borrowers' $6M Data Breach Deal Gets Initial OK
A Georgia federal judge on Thursday granted preliminary approval to a $6 million settlement deal resolving a class suit over data breaches at KeyBank and other regional lenders and a technology contractor despite objections from a subclass of borrowers — who had previously settled their claims — saying the deal was inequitable.
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June 13, 2024
Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP
A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."
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June 13, 2024
Costco Hides Lower In-Store Prices, Online Shopper Says
Costco was hit with a proposed class action in Washington federal court Wednesday alleging the warehouse retailer falsely promises online shoppers it'll notify them when an item sold online is more expensive than the same item available for in-store purchase, but regularly fails to do so.
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June 13, 2024
Clearview AI Makes 'Unique' BIPA Deal Tied To Future Value
Plaintiffs in multidistrict litigation targeting Clearview AI's allegedly unlawful practice of "scraping" internet photos to collect biometric facial data told an Illinois federal judge on Wednesday they have struck a "unique" deal giving the class a stake in the company's future growth.
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June 13, 2024
NYC Sued Over Policy Targeting Unlicensed Pot Stores
More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.
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June 13, 2024
Judge Asks If Amazon Is Doomed To Stay In Wiretapping Suit
A Washington federal judge questioned Thursday if Amazon Web Services Inc.'s terms of use with Capital One for call center technology "doom" the cloud-computing giant's attempt to avoid a proposed class action accusing it of violating California's wiretapping law.
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June 13, 2024
FCC Wants To Revamp Citizens Broadband Radio Service
The head of the Federal Communications Commission on Thursday asked fellow members to back an overhaul of the Citizens Broadband Radio Service, a spectrum-sharing arrangement developed during Barack Obama's presidency.
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June 13, 2024
Apple Wants Discovery Hearing Closed In IPhone Class Action
Apple is asking a California federal judge to close the courtroom during an upcoming discovery hearing in the ongoing antitrust class action it's facing from consumers, arguing that the proceeding is likely to reveal consumer data and billing information that should be kept out of public view.
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June 13, 2024
Michigan Supreme Court Curbs Voter Interference Law
The Michigan Supreme Court narrowed the reach of a law criminalizing voter intimidation Thursday due to fears it could be used to chill political speech, sending prosecutions for robocalls that aimed to suppress Black voter turnout back to an appellate panel for more review.
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June 13, 2024
DOE Can't Limit Water Usage In Dishwashers, Shoppers Say
Two men sued the U.S. Department of Energy in Texas federal court over the agency's new rules that govern how efficiently household appliances need to manage water usage, saying in a Thursday complaint that the agency surpassed its statutory authority and flouted a previous Fifth Circuit decision.
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June 13, 2024
FAA Chief Vows Diligent Boeing Oversight In Senate Hearing
The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.
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June 13, 2024
Immigrant Bond Co. Says Sale Complied With $811M Order
An immigrant bond company staring down an $811 million judgment for predatory lending practices is urging a Virginia federal court not to sanction it over its recent sale, saying the transaction complied with the judgment's restrictions on its operations.
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June 13, 2024
Fintech Remitly Hires Ex-Google Compliance Chief
Remitly has hired Google's former chief compliance officer to run global compliance and enterprise risk programs at the remittance service, bringing his experience that includes risk leadership positions at TD Ameritrade, Vanguard and Goldman Sachs.
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June 13, 2024
Verizon Opposes AT&T's FirstNet As 4.9 GHz Band Manager
Verizon is done letting proxies speak for it in the war of words over a plan to make AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band, telling the Federal Communications Commission in a new filing that the idea would disrupt the public safety spectrum marketplace.
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June 13, 2024
EU Makes First Ever Formal Pharma Price-Fixing Complaint
European Union antitrust authorities issued their first ever price-fixing complaint in the pharmaceutical industry Thursday, going after the only company that did not agree to a €13.4 million ($14.4 million) settlement in October.
Expert Analysis
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.