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Consumer Protection
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March 29, 2024
Hogan Lovells Vet's High Court Debut A Study In Contrasts
Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.
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March 29, 2024
5th Circ. Stays CFPB Late-Fee Rule Suit's Move To DC
Bank industry groups challenging the Consumer Financial Protection Bureau's $8 credit card late fee standard have been granted a short-term Fifth Circuit stay of a Texas federal judge's move to send their lawsuit across the country to D.C. federal court.
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March 29, 2024
X Corp. Still Must Face Breach Suit Over 200M Users
A California federal judge on Friday trimmed a proposed class action alleging X Corp., the former Twitter Inc., failed to protect the data of 200 million users whose information was exposed in a data breach, allowing the users to amend some allegations while permanently tossing a California Consumers Legal Remedies Act claim.
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March 29, 2024
BofA Sued After FTC Imposter Steals $2M From Accounts
A 67-year-old Florida woman has sued Bank of America over alleged negligence and violations of several federal laws, claiming in the case that was removed to federal court this week that the financial services company failed to protect her accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.
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March 29, 2024
Texas AG Launches Investigation Into Boeing Parts Supplier
The Texas attorney general has opened an investigation into a company that produces fuselages for Boeing's 737 jets, saying Thursday that apparent manufacturing defects have caused several dangerous events, including midair emergencies.
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March 29, 2024
Strange But True: Product Liability Stories For April Fools'
Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.
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March 29, 2024
What's Next On Courts' Crypto Docket After Bankman-Fried
The 25-year prison sentence for FTX founder Sam Bankman-Fried left the crypto industry one step closer to putting the fallout of "crypto winter" behind it, but there are still other cases with broad implications for the industry set to take over Manhattan courtrooms soon.
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March 29, 2024
Honda Beats Ill. Fraud Suit Over Rat-Gnawed Car Wires
Three rat-plagued Chicagoans lost their chance to represent fellow Honda owners in a proposed class action accusing the automaker of covering their vehicles' wires with an insulation that made them susceptible to gnawing, after an Illinois federal judge declared that being attractive to rats wasn't a defect.
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March 29, 2024
Rural Carriers Worry FCC Broadband Maps 'Vastly' Inaccurate
Rural wireless carriers are concerned Federal Communications Commission maps do not accurately depict where mobile broadband service is available, putting federal support funds at risk.
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March 29, 2024
4th Circ. Revives Data Breach Suit Against Medical Center
The Fourth Circuit on Friday revived a proposed class action alleging that Sandhills Medical Foundation Inc. failed to protect the personal information of patients whose data was leaked following a cyberattack, saying the health care provider is not shielded under federal immunity and that the government cannot be substituted as a defendant.
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March 29, 2024
BofA Unfairly Charges Fees For Others' Bad Checks, Suit Says
Bank of America is the latest financial institution to face a class action alleging it wrongfully charged customers a fee when they deposited checks that then bounced.
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March 29, 2024
Blackbaud Defeats 7 Insurers' Claims For Data Breach Costs
Complaints by seven insurers seeking reimbursement for $2.1 million in expenses paid to insureds following a ransomware attack on software company Blackbaud Inc. were torn apart by a Delaware state judge, who called the insurers' allegations "conclusory," tossing the two cases.
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March 29, 2024
Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'
A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.
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March 29, 2024
NTIA Issues $811M In State Digital Equity Funding
The Biden administration is releasing the allocation of the first $811 million of the $1.25 billion in digital equity funding it plans on providing states, territories and tribes to ensure everyone within their borders has the ability and skill to access all the internet has to offer.
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March 29, 2024
'Antiquated' Doctrine Can't Cut Burford Unit From Turkey Suit
An Illinois federal judge has refused to block a Burford Capital investment unit from pursuing price-fixing allegations in a consolidated case against major turkey producers, saying federal law largely no longer recognizes the "antiquated" doctrine the producers cited to invalidate the claim.
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March 29, 2024
CFPB Probe Of Utah Lender Put On Ice For High Court Ruling
A small-dollar lender can hold off on responding to the Consumer Financial Protection Bureau until the U.S. Supreme Court rules on a pending constitutional challenge to the agency, a Utah federal magistrate judge has decided.
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March 29, 2024
FCC Looks To Stamp Out Call Routing Security Breaches
The protocols that mobile telecom operators use to talk to each other leave their customers particularly vulnerable to location tracking, according to the Federal Communications Commission, which says it's time to take a closer look at the matter.
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March 29, 2024
Trojan Battery Co. Gets $2.6M Win In TM Row
A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.
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March 29, 2024
Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules
An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.
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March 29, 2024
2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit
An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.
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March 29, 2024
Up Next After Bankman-Fried Sentencing: FTX Cooperators
Now that FTX founder Sam Bankman-Fried has been sentenced to 25 years in prison for an $11 billion fraud on the collapsed crypto exchange, it's time for the three top lieutenants who testified against him at trial to face their own judgments — and experts say the cooperators are well positioned to avoid jail time.
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March 29, 2024
Tenant Screener To Pay $2.2M Over Race Bias Claims
A tenant screening company has reached a settlement in Massachusetts federal court to end claims brought by a class of housing applicants who alleged its practices disproportionately exclude Black and Hispanic renters.
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March 29, 2024
8 States Seek $122M After Robocaller Allegedly Ignored Ban
Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.
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March 28, 2024
CFPB Scores Win As Banks' Late Fee Rule Lawsuit Sent To DC
A Texas federal judge ruled Thursday that the U.S. Chamber of Commerce and other trade groups suing to block the Consumer Financial Protection Bureau's $8 credit card late-fee standard must take their case to D.C. federal court, granting the agency's bid to fight the challenge on its home turf.
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March 28, 2024
White House Directs Agencies To Install AI Risk Safeguards
The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits
As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.
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Opinion
Metaverse Regs Pose Risks To Consumer Safety And Privacy
The U.K.'s recently passed Online Safety Act, and other pending proposals globally, could remove metaverse users' anonymity — with potentially catastrophic ramifications for virtual world activity, consumer privacy and safety, and the line between government authority and platform decision making, says attorney Donna Etemadi.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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'Paper Tiger' Finds Its Fangs: Repeat Offenders And The CFPB
Following the Consumer Financial Protection Bureau’s recent imposition of structural remedies on Enova for repeat offenses, financial institutions, especially those that have previously been subject to consent orders, need to carefully consider their options when facing future enforcement proceedings with the CFPB, says Caitlin Mandel at Winston & Strawn.
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Opinion
CFPB's Credit Card Late Fee Rule Likely Unconstitutional
Though the Consumer Financial Protection Bureau’s recently proposed rule to cap credit card late fees addresses important policy points, it appears to be arbitrary and capricious under the Administrative Procedures Act and runs afoul of the Fifth Amendment, says James Skyles at Skyles Law Group.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.
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FCC Notice Of Inquiry Highlights AI Robocall Concerns
The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.