Consumer Protection

  • February 29, 2024

    FMC Rule Keeps Container Shipping Penalties In Check

    Federal regulators fired a shot across the bow to maritime giants by finalizing a long-awaited rule that clamps down on billing practices that saddled shippers and truckers with hefty penalties for failing to move cargo out of ports and return empty containers in a timely fashion.

  • February 29, 2024

    11th Circ. Backs Film Producer's Crypto Scam Sentence

    An Eleventh Circuit panel on Thursday confirmed a nearly six-year prison sentence for an Atlanta-area film producer who admitted to running a short-lived cryptocurrency fraud, ruling his move for a lesser sentence was not justified based on the scheme's sophistication and his failure to take responsibility for the crimes.

  • February 29, 2024

    Millions May Lose Internet Access Without Subsidy, FCC Says

    Millions of users will struggle to pay for internet access without the Affordable Connectivity Program's subsidy, the Federal Communications Commission said Thursday, pushing back against Republican claims that ACP customers will be fine if the program's funding lapses.

  • February 29, 2024

    Epic, Google Are At App Store Antitrust Remedies 'Impasse'

    Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.

  • February 29, 2024

    Hiring Co. Can't Avoid BIPA Suit Over AI-Based Screening

    An Illinois federal judge is allowing most claims to move forward in a putative class action alleging a hiring software provider that used artificial intelligence to assess job candidates violated Illinois' biometric privacy law, but trimmed a claim accusing the company of unlawfully profiting from customers' data.

  • February 29, 2024

    Judge OKs $6M Settlement In BMW Emissions Suit

    A federal judge in New Jersey has signed off on a $6 million deal between BMW and drivers of two models who claimed the vehicle-maker unfairly beat emissions testing with specific kinds of software.

  • February 29, 2024

    FCC To Work With UK Enforcers In Anti-Robocall Effort

    The Federal Communications Commission will step up efforts with the U.K.'s data privacy enforcer to prevent robocall and robotext scams, the U.S. agency said Thursday.

  • February 29, 2024

    Discover Deal Prompts Dems To Seek Bank Merger Revamp

    Rep. Maxine Waters, D-Calif., the top Democrat on the House Financial Services Committee, and 15 other House Democrats are calling on federal bank regulators and the U.S. Department of Justice to quickly crack down on mergers in the wake of Capital One's recently announced $35.3 billion deal to acquire Discover Financial Services.

  • February 29, 2024

    SEC Tells Utah Judge Crypto Case Dismissal Isn't Escape Bid

    The U.S. Securities and Exchange Commission told a Utah federal judge that it wants to dismiss its action against crypto project Debt Box to complete a review of the record, not to escape repercussions of earlier conduct.

  • February 29, 2024

    9th Circ. Says Fight Over COVID-19 Misinformation Law Moot

    The Ninth Circuit on Thursday unanimously dismissed as moot two consolidated appeals by doctors who challenged as unconstitutional California's since-repealed statute deeming it "unprofessional conduct" to spread COVID-19 misinformation to patients under their care, noting that the statute's repeal means there is no longer any live controversy.

  • February 29, 2024

    Mich. Judge Floats Sanctions If Doc Review Wastes Her Time

    A Michigan federal judge on Thursday warned attorneys for a water engineering firm accused of prolonging lead exposure in the Flint water crisis not to waste her time by improperly withholding unprotected documents related to its public relations strategy around the case.

  • February 29, 2024

    CFPB Takes Aim At 'Steering' In Credit Card Comparison Tools

    The Consumer Financial Protection Bureau on Thursday fired a shot across the bow of websites and apps that let consumers comparison-shop for credit cards, warning in new guidance that paid-placement rankings and other forms of preferential "steering" can run afoul of federal law.

  • February 29, 2024

    Meta Hit With GDPR Complaints By EU Consumer Groups

    Meta has been accused of "massive illegal data processing" by eight European consumer groups, which alleged on Thursday that the tech giant's "consent or pay" choice for customers is a cover-up for obtaining sensitive personal information.

  • February 28, 2024

    FTC Not Backing Down In Kids' Privacy Arena, Chair Says

    The Federal Trade Commission is focused on using all its tools to crack down on social media platforms that are "manipulating" users' data and harming children, including by continuing to take aggressive enforcement action and exploring the possibility of crafting new regulations to curb online "commercial surveillance" practices, the agency's chair said Wednesday. 

  • February 28, 2024

    Millionaire Dating Site's Arb. Bid Goes Broke In BIPA Suit

    A dating service for millionaires cannot force one of its users to arbitrate proposed class claims that the company unlawfully collects and stores biometric templates of users' faces, a California federal judge ruled, saying the company hasn't shown the user assented to its service agreement that included an arbitration provision.

  • February 28, 2024

    Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices

    Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.

  • February 28, 2024

    Sioux Phone Authority Keeps Calling For FCC Telecom Status

    The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Gemini To Pay $37M Fine, Vows To Make Customers Whole

    Crypto exchange Gemini Trust Co. has committed to making users of its now-shuttered Earn product whole through the bankruptcy of its former partner Genesis Global under a new settlement with a New York regulator that included a $37 million fine for additional alleged compliance failures.

  • February 28, 2024

    Binance Founder Against More Travel Limits, Floats UAE Trip

    Binance founder Changpeng Zhao has told a Washington federal judge he opposes prosecutors' motion for further travel restrictions and suggested, without explicitly asking, that he be allowed to see his family in the United Arab Emirates. 

  • February 28, 2024

    Judges Tell Mich. To Get Moving On Flint Engineering Suit

    Michigan federal and state judges on Wednesday told the state to speed up its professional malpractice case against an engineering firm accused of prolonging the Flint water crisis, saying Michigan can't worry about whether it would look bad to go ahead before residents resolve their federal claims.

  • February 28, 2024

    9th Circ. Revives Suit Over Google's Cell Data Use In Androids

    The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.

  • February 28, 2024

    9th Circ. Won't Undo Airline Price-Fixing Settlement Payout

    The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order. 

  • February 28, 2024

    Objectors Want $1M Atty Fees In $5.6B Swipe Fees Settlement

    Class members who initially objected to a $5.6 billion settlement with Visa and Mastercard have told a New York federal judge they are seeking nearly $1 million in legal fees for "enhancing the adversary process, sharpening the debate, and pursuing meritorious appeals in this litigation over the past eleven years."

  • February 28, 2024

    FCC 'Amnesty' Sought For Rural Broadband Grant Defaults

    Broadband experts got together Wednesday to urge the Federal Communications Commission to offer "amnesty" for defaulting on FCC-funded rural network development projects, so that unserved areas can still receive similar grants being distributed by the U.S. Department of Commerce.

Expert Analysis

  • Boeing Opinion Strikes Blow Against Overpayment Theory

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    The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

  • Lenders Must Prep For Ga. Commercial Financing Disclosures

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    Since Georgia’s new commercial financing disclosure requirements may be a lender's first foray into complicated Truth-In-Lending-Act-style laws, providers should work with investor counterparties to prepare early disclosures, in compliance with statutory tolerances, for borrowers whose loan agreements take effect Jan. 1, says Melissa Richards at Buchalter.

  • 3 Tips For Defending Against Data Breach Litigation

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    As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • It's Time To Prescribe Frameworks For AI-Driven Health Care

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    As health care providers begin to adopt artificial intelligence in clinical settings, new legal and regulatory challenges are emerging, with the critical issue being balancing AI's benefits and innovations in health care while ensuring patient safety and provider accountability, say attorneys at Kirkland.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Parsing Maryland's Earned Wage Access Products Guidance

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    The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • What To Watch As The FCC Leans Into National Security

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    Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How To Advertise Carbon Reductions Under New Calif. Law

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    As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • How Cos. Can Prioritize Accessibility Amid Increase In Suits

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    The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

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