Consumer Protection

  • April 05, 2024

    Home Depot Accused Of Using Fake Discounts Online

    Home Depot has been hit with a class action in Georgia federal court, alleging it tricks buyers into purchasing items online by advertising false original prices and corresponding discounts that create the "illusion of short-lived bargains."

  • April 05, 2024

    5th Circ. Reels Back Banks' Late-Fee Rule Suit To Texas

    The Fifth Circuit on Friday ordered a return to Texas for a bank industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, throwing out a Texas federal judge's decision to send the case to D.C. federal court.

  • April 05, 2024

    Microsoft, Others Can Weigh In On Epic, Apple App Store Row

    A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.

  • April 05, 2024

    Nationwide Optometry To Pay $3.4M Over 2021 Data Breach

    Nationwide Optometry will pay $3.4 million to a proposed class of approximately 714,000 patients whose personal information was compromised following a ransomware attack in 2021 on network servers belonging to co-defendant U.S. Vision, according to a preliminary approval motion filed in New Jersey federal court.

  • April 05, 2024

    Solar Company Hit With TCPA Suit After $13.8M FTC Fine

    Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.

  • April 05, 2024

    Green Energy Co. Duped Investors Out Of $40M, Suit Says

    A proposed class of investors has hit a purported Chicago green energy outfit and its executives with a federal suit claiming they used promises of extravagant returns to get the plaintiffs to invest but never created any energy or produced the returns they promised. 

  • April 05, 2024

    Terraform And Founder Do Kwon Held Liable For Crypto Fraud

    A Manhattan federal jury quickly found bankrupt cryptocurrency startup Terraform Labs and its creator Do Kwon liable Friday for securities fraud, after the U.S. Securities and Exchange Commission claimed they lied to investors about the company's stability and business prospects.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 05, 2024

    National Association Of Broadcasters Hires New Deputy GC

    The National Association of Broadcasters has hired a former Baker McKenzie partner and Federal Trade Commission attorney to serve as its new deputy general counsel, the group announced Thursday.

  • April 04, 2024

    Google Ad Privacy Class Loses Cert. Bid, For Now

    A California federal judge Thursday refused to certify a class of potentially tens of millions of Google account holders alleging the company's ad auction practices violate privacy rights, saying that while the consumers have hit many certification requirements, the current class definition is improperly fail-safe.

  • April 04, 2024

    CFPB's Privacy Efforts Extend Beyond Banks, Chopra Says

    The Consumer Financial Protection Bureau is looking to wield its "significant" power to crack down on data privacy abuses to tackle a range of issues that go beyond traditional banking activities, including by crafting new restrictions on data brokers' ability to amass personal data and exploring risks facing consumers in the digital gaming market, the agency's head Rohit Chopra said Thursday.

  • April 04, 2024

    CFPB Says Online Games May Pose Financial Risks To Users

    The Consumer Financial Protection Bureau said Thursday that it sees significant financial and privacy risks facing consumers in the multibillion-dollar digital gaming market and will be keeping a close eye on online game and "virtual world" business practices as these platforms become increasingly financialized.

  • April 04, 2024

    'No Madonna Fan' Expects Show At Ticket Time, Singer Says

    Madonna, Live Nation and the Barclays Center asked a New York federal judge to toss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, saying no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.

  • April 04, 2024

    SEC Officials Say Existing Policies Key To Cyber Rule Reports

    Companies grappling with the U.S. Securities and Exchange Commission's new rule to publicly disclose material cybersecurity incidents will have an easier time defending reporting missteps if they work to put robust policies in place before a breach occurs, a pair of agency officials said Thursday. 

  • April 04, 2024

    NY Judge Says 'Defeat Device' Co. Protected By Section 230

    A New York federal judge tossed part of the federal government's lawsuit against the manufacturers of devices and software that allegedly allow vehicles to bypass pollution control mechanisms, saying the technology itself is "neutral" and has no effect on emissions without third-party content.

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    Bank Trade Group Urges Regulators To Sanction Navy Federal

    The president of the Independent Community Bankers of America has called on regulators to block Navy Federal Credit Union from using the term "community bank" to refer to military banking facilities it operates overseas, taking aim at the credit union with scathing accusations that it is "apparently insecure enough about [its] industry to pretend" it's a community bank.

  • April 04, 2024

    FCC Refuses To Restore Pa. Felon's FM Radio License

    The Federal Communications Commission has denied a Pennsylvania man's request to restore his radio license after he pled guilty to using a hidden camera to take and send nude photos of a woman.

  • April 04, 2024

    DraftKings Beats Bettors' Suit Tied To Damar Hamlin Collapse

    DraftKings on Thursday defeated a proposed class action when a federal judge found that the online sports betting platform followed its own rules after a Monday Night Football game was halted and ultimately canceled due to the collapse of Buffalo Bills safety Damar Hamlin.

  • April 04, 2024

    Google Files RICO Suit Alleging Crypto, Investing App Scams

    Google hit a pair of China-based app developers with a racketeering lawsuit in New York federal court Thursday, claiming they defrauded more than 100,000 users with dozens of fake investment and cryptocurrency exchange apps placed on the Google Play store that bilked users out of their money.

  • April 04, 2024

    ISP Tells FCC Bulk Billing Deals Are Pro-Consumer

    An internet service provider is trying to convince the Federal Communications Commission that banning bulk billing in apartment buildings is not the way to go and that the arrangements are actually a "key tool for closing the digital divide."

  • April 04, 2024

    Crypto Bank, Chair Blast FTX Investors' 'Gatling Gun' Claims

    A crypto bank and its chairman have urged a Florida federal judge to toss a second amended complaint from FTX investors alleging they helped Sam Bankman-Fried abscond with $8 billion in customer assets, saying the investors "employ a Gatling gun approach to pleading."

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    OCC's Hsu Floats Splitting Refund Costs For AI-Enabled Fraud

    Requiring banks and artificial intelligence platforms to share financial responsibility for reimbursing victims of AI-enabled payment fraud could help incentivize better anti-fraud controls, the Office of the Comptroller of the Currency's acting chief said Thursday.

  • April 04, 2024

    FCC's Net Neutrality Plan Leaves Network 'Slicing' Uncategorized

    The Federal Communications Commission will not automatically apply net neutrality rules to 5G mobile network "slices" when a plan to reimpose the rules on broadband service comes up for an agency vote later this month, but also said slices cannot be used to evade the regulations.

Expert Analysis

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Compliance Risk After SEC Warning Against 'AI Washing'

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    The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q4

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    Among the most noteworthy developments in the Texas banking sphere in the last quarter of 2023 were the Texas Department of Banking's extension of the state banking commissioner's authority, a recommendation to implement an updated ransomware self-assessment tool, and ongoing litigation in the state involving the Consumer Financial Protection Bureau, says Patrick Hanchey at Alston & Bird.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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