Consumer Protection

  • September 12, 2011

    FTC Targets Payday Lender Over Wage Garnishing

    The Federal Trade Commission said Monday that it had hit Payday Financial LLC with a lawsuit claiming the South Dakota-based lender bullied borrowers into paying back their debts by trying to garnish their wages without a court order.

  • September 12, 2011

    Wal-Mart Aims To Boot Battery Fee Class Action

    Wal-Mart Stores Inc. on Friday asked a federal court to throw out a putative class action accusing the retailer of duping consumers into believing that a $9 fee on car batteries was required under California law.

  • September 12, 2011

    Insurer, United One Accused Of Secretly Recording Calls

    Mercury Insurance Co. and United One Equities LLC were each slapped with a proposed class action Friday claiming they violated California laws by underhandedly recording phone calls discussing insurance claims and alleged debts, respectively.

  • September 12, 2011

    Q&A With Carlton Fields' Jim Baldinger

    Data privacy issues have been co-opted by plaintiffs' lawyers who see data breaches as opportunities for them and their clients to cash in, shifting the focus of legislators and regulators away from protecting customer privacy, says Jim Baldinger, leader of Carlton Fields' West Palm Beach office business litigation and trade regulation group.

  • September 9, 2011

    Calif. Lawmakers Vote To End Employers' Credit Report Use

    The California Legislature on Thursday approved a bill that will prohibit most employers from using consumer credit reports for applicant screening and other employment purposes.

  • September 9, 2011

    Attys Hit With Injunction In Calif. AG's Mortgage Suit

    A California state judge on Tuesday barred law firms and other companies facing a suit brought by California's attorney general from promising homeowners favorable settlements from Bank of America NA and other mortgage lenders when no settlement exists or no suit has been filed.

  • September 9, 2011

    US Fidelis Creditors Rip $57M Mepco Claim

    Unsecured creditors of U.S. Fidelis Inc. sued Mepco Finance Corp. in Missouri bankruptcy court on Tuesday to disallow a $57 million claim against the defunct auto warranty dealer's estate, arguing that Mepco should have known about the company's alleged false marketing and refund abuses.

  • September 9, 2011

    Google Tells Iran Users To Change Gmail Passwords

    Google Inc. on Thursday told its email service users in Iran to change their passwords and take other precautionary steps following cyberattacks against a Dutch Internet security company in late August.

  • September 9, 2011

    Blumenthal Latest To Unveil Data Security Legislation

    Sen. Richard Blumenthal, D-Conn., on Thursday introduced the latest privacy bill aimed at curbing the recent spate of online data breaches by making companies more accountable for the protection of consumers' personal information.

  • September 9, 2011

    Countrywide Loan Fees Violated Mo. Law: 8th Circ.

    The Eighth Circuit on Friday revived state claims against Countrywide Home Loans Inc. in a proposed class action filed by a Missouri couple over extra, unauthorized fees that were used to determine prepaid interest before they were eventually returned.

  • September 9, 2011

    Motorola Faces Class Action Over Obsolete Cliq System

    Motorola Mobility Inc. was hit with a putative class action in California federal court Tuesday alleging the company pledged it would update the operating system for its Cliq XT smartphone but failed to follow through, leaving users unable to run newer applications.

  • September 9, 2011

    Kellogg Deceptive Ad Claims Not Barred, 7th Circ. Told

    Putative state class claims accusing General Mills Inc. and Kellogg Co. of deceptively marketing their fiber-heavy snacks should not be blocked by a federal law governing food labels, a plaintiff's attorney told the Seventh Circuit on Friday.

  • September 9, 2011

    DirecTV Fee Claims Head To Arbitration After Concepcion

    Citing the U.S. Supreme Court’s Concepcion decision, a California federal judge on Tuesday ordered certain consumers in a putative class to arbitrate claims over DirecTV Inc.’s early cancellation fees, but denied the company’s bid to arbitrate injunctive relief claims under two California consumer protection laws.

  • September 9, 2011

    SmithAmundsen LLC Adds Privacy, Corporate Specialist

    SmithAmundsen LLC said Thursday that a corporate and privacy attorney from Thompson Coburn LLP had joined its St. Louis office as a partner in the corporate and transactional services group.

  • September 9, 2011

    Q&A With Akin Gump's Jo-Ellyn Klein

    Most health information privacy laws were drafted with entities such as hospitals and typical health plans in mind. Applying them in the sports context — where so many forces are in play — has really kept me on my toes, says Jo-Ellyn Klein, leader of Akin Gump Strauss Hauer & Feld LLP's privacy and data protection initiative.

  • September 9, 2011

    Judge Denies Class Cert. In Home Warranties Fight

    A California federal judge rejected a class certification bid Thursday in a homeowner's suit against First American Home Buyers Protection Corp., finding she failed to support allegations of a common scheme to encourage contractors to deny valid warranty claims and perform shoddy work.

  • September 8, 2011

    Calif. AG Hit With $1B Suit Over Atty Scam Investigation

    A lawyer accused by California’s attorney general of scamming homeowners in securities fraud actions against Bank of America NA and other mortgage lenders fired back Tuesday with a $1 billion civil rights suit claiming the state illegally seized his legal files and shuttered his law office.

  • September 8, 2011

    Facebook Agrees To German Data Use Code

    Facebook Inc. told Germany's interior minister Thursday that it would support a voluntary code of conduct regarding data protection for social networks, an agreement that touched off a turf war between the minister and a state privacy regulator.

  • September 8, 2011

    Clearwire Offer Didn’t Kill Class, Atty Tells 7th Circ.

    A putative class action accusing Clearwire Corp. of sending unsolicited text messages was not mooted by a settlement deal the company offered the lead plaintiff before he had filed a motion for class certification, the plaintiff's attorney told the Seventh Circuit Thursday.

  • September 8, 2011

    Stanford Hospital Reveals Leak Of 20K Patients' Data

    A billing subcontractor for Stanford University's hospital in Palo Alto, Calif., allowed sensitive medical information about 20,000 emergency room patients to be posted on a homework help website, where it remained for almost a year, the hospital confirmed Friday.