Consumer Protection

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
April 15, 2024
Subaru Agrees To Replace And Refund Defective Windshields

Subaru of America Inc. and a proposed class of customers have asked a New Jersey federal judge for the preliminary approval of a settlement that could cover 100% or more of out of pocket losses and conclude a 4-year-long dispute over spontaneously cracking windshields.
April 15, 2024
LA County Tells FCC It Supports Plan To Georoute 988 Calls

Support is growing for a Federal Communications Commission proposal to require georouting calls to the 988 Suicide and Crisis Lifeline, with Los Angeles County backing the idea Friday in a filing with the agency, and other groups saying even more urgency is needed.
April 15, 2024
Bond Co. Asks For Life-Saving Pause On $811M Fine

Immigration bonding company Libre by Nexus Inc. has begged a Virginia federal court for more time to pay an $811 million judgment for predatory bonding practices, saying it would collapse if forced to pay before it can execute its transfer to a new owner.
April 15, 2024
DC Judge Blocks Texas AG's Media Matters Investigation

A D.C. federal judge issued a preliminary injunction blocking Texas Attorney General Ken Paxton from investigating Media Matters over its reporting on the X social media platform, ruling that the probe deterred the progressive media watchdog's "core First Amendment activities."
April 15, 2024
Senators Demand Info On CFTC Chats With Bankman-Fried

Two U.S. senators have asked the U.S. Commodity Futures Trading Commission's chair to detail all of his communications and meetings with convicted FTX fraudster Sam Bankman-Fried.
April 15, 2024
Justices Won't Nix FDA Labeling Preemption For State Claims

The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.
April 15, 2024
Pain Patch Buyer Seeks Class Cert. In Kroger False Ad Suit

A Chicago woman who accused The Kroger Co. of misleading consumers about the effectiveness of its over-the-counter lidocaine pain relief patches via the product's label has asked an Illinois federal judge to certify her proposed class of fellow Prairie State consumers who were purportedly duped by the grocer.
April 15, 2024
Consumer Class Action Trio Joins Morgan Lewis From Crowell

Morgan Lewis & Bockius LLP said Monday that it has added three partners from Crowell & Moring LLP to its consumer class action and product liability practice.
April 15, 2024
Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit

The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.
April 15, 2024
Justices Allow Class Action Over ATM Fees To Proceed

The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.
April 15, 2024
High Court Passes On Tenants' Debt Collection Dispute

The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.
April 15, 2024
Justices Won't Review Elanco's Win In Free-Dinner Fax Suit

The U.S. Supreme Court on Monday declined an Illinois animal hospital's invitation to review the Seventh Circuit's latest interpretation of "unsolicited advertisement" in a ruling that closed the door on the hospital's lawsuit targeting free seminar invitations from Elanco Animal Health Inc.
April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law

Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
April 12, 2024
US, EU Antitrust Officials Agree On Much, Not Sustainability

The leaders of the U.S. and European antitrust agencies said Friday their views are broadly aligned on many competition policy issues, though they also outlined opposing approaches to companies that want to collaborate on sustainability projects.
April 12, 2024
'American-Made' May Include Foreign Parts, 10th Circ. Says

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

Expert Analysis

How 2023 Shaped Drug And Medical Device Legal Trends

2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
How AI Is Changing The Game Of Professional Sports

As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.
How State AGs Process And Prioritize Consumer Complaints

Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
The Space Law And Policy Outlook For 2024

Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
Charting The Course For Digital Assets In 2024

Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
What To Expect From The CFPB This Year

The potential for upheaval at the Consumer Financial Protection Bureau will be greater during an election year, and there are several opportunities and challenges ahead for the bureau in 2024, say Eric Mogilnicki and David Stein at Covington.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
10 Privacy Compliance Areas To Focus On In 2024

The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
What The 2023 Bank Failures Taught Us, And What's To Come

As 2023 draws to a close, it's apparent that the bank failures this past spring sparked a seismic shift in the regulatory and supervisory landscape for banking organizations, and the consequences are still continuing to be felt throughout the financial sector as we head into 2024, say attorneys at Morgan Lewis.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
How SEC And NY Cyber Reporting Rules Affect Key Industries

The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.
Trends Shaping The 2024 Consumer Packaged Goods Industry

The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.