Consumer Protection

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

  • February 21, 2018

    Ex-Herbalife Sellers Blast Arbitration Bid In $1B RICO Suit

    Former distributors for global nutrition supplement company Herbalife Ltd. are urging a Florida federal court to deny the company's bid to force their potentially $1 billion racketeering suit into arbitration, arguing a unilaterally imposed arbitration clause is unenforceable and inapplicable.

  • February 21, 2018

    Conagra Looks To Bury ‘Natural’ Labeling Suit At 1st Circ.

    Conagra Brands Inc. asked the First Circuit on Tuesday to uphold the dismissal of a proposed class action alleging its Wesson brand cooking oils are misrepresented as "natural," arguing the labeling is in fact consistent with decades-old federal policy about the use of the term.

  • February 21, 2018

    Dish Can't Revive TCPA Suit Coverage Bid At 10th Circ.

    The penalties being sought against Dish Network LLC for alleged violations of the Telephone Consumer Protection Act are punitive and not covered by its policy with a Chubb Ltd. unit, the Tenth Circuit affirmed Wednesday.

  • February 21, 2018

    9th Circ. Finds Receipt Suit Falls Short Under Spokeo

    A Ninth Circuit panel on Wednesday found that a parking garage customer had not proved he had standing to pursue a class action claiming the garage ran afoul of the Fair Credit Reporting Act by printing credit card expiration dates on receipts, given the standard the Supreme Court set in its Spokeo decision.

  • February 21, 2018

    2nd Circ. Affirms Toss Of Suit Over Rite Aid Flu-Shot Calls

    The Second Circuit held Wednesday that a lower court rightly axed claims that Rite Aid violated the Telephone Consumer Protection Act by sending prerecorded flu shot reminder messages, saying the shopper leading the proposed class action gave the retailer permission when he provided his phone number.

  • February 21, 2018

    Bernstein Litowitz Takes Lead In Equifax Shareholder Suits

    A Georgia federal judge on Wednesday appointed Bernstein Litowitz Berger & Grossmann LLP as lead counsel for a proposed consolidated class of Equifax Inc. investors who sued after the company’s share price dropped significantly when it revealed a massive data breach that affected 145 million consumers.

  • February 21, 2018

    Apple Says Batteries Piling Up In IPhone Slowdown Suits

    Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.

  • February 21, 2018

    Jackson Hewitt Faces Franchisee Customer's Fraud Claims

    Tax preparation chain Jackson Hewitt must face putative class allegations of fraud and negligence after a California federal judge ruled Tuesday that a former client of a franchisee had presented a plausible theory for his claims to proceed in court.

  • February 21, 2018

    Google Advertiser Gets 5th Try At Click-Fraud Class Action

    A California federal judge Tuesday tossed a businessman’s fourth version of a putative class action alleging Google understates the fraudulent clicks its ads receive, saying he hadn’t shown charges for invalid ad views but the “interests of justice” supported allowing him to submit another amended complaint.

  • February 21, 2018

    Santander To Pay Conn. Consumers $2.9M In Settlement

    Santander Consumer USA has agreed to pay $2.9 million in relief to consumers affected by its alleged violations of Connecticut banking law in handling repossessed motor vehicles found during a 2016 examination by the State of Connecticut Department of Banking, according to a consent order filed on Tuesday.

  • February 21, 2018

    Pa. Justices Say State Consumer Law Applies To Nonresidents

    The Pennsylvania Supreme Court ruled unanimously Wednesday that nonresidents can use the state’s consumer protection statute to sue Pennsylvania businesses over out-of-state transactions, favoring the California man behind a class action against a home security company.

  • February 21, 2018

    Dog Food Maker Must Face Suit Saying Pets Were Sickened

    A proposed class action accusing a dog food maker of falsely advertising its products as safe and made with premium meats was kept alive Tuesday by a Washington federal judge, who noted that although the suit has issues, they can be addressed with additional facts in an amended complaint.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    GM, Bosch Can't Dodge Drivers' Emissions-Cheating Claims

    A Michigan federal judge on Tuesday denied bids by General Motors LLC and Robert Bosch LLC to escape a proposed class action claiming that so-called defeat devices similar to those used in Volkswagen’s diesel cars are installed in some GM vehicles, saying the drivers plausibly alleged a conspiracy.

  • February 20, 2018

    Cab Co. Says Bankruptcy Trustee's Suit Based On Falsehoods

    A lawsuit filed by a Chapter 7 trustee in the bankruptcy of Chicago's Yellow Cab Affiliation Inc. accusing one of its subsidiaries of stashing assets contains too many plainly false allegations to go forward, the subsidiary said Tuesday.

  • February 20, 2018

    Snack Co. Sued Over 'Modern' Ingredients In 'Ancient Grain'

    A consumer has hit a snackmaker selling supposedly “ancient grain” chips with a $5 million false advertising suit in New York federal court, saying the product is also made with rice, peas and other modern-day ingredients.

  • February 20, 2018

    VW, Audi, Bosch Push To End Non-Diesel Emissions Suits

    Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.

  • February 20, 2018

    FTC Calls Out Web Hosting Services For Phishing Risks

    The Federal Trade Commission said Tuesday that a report by its staff found that some web hosting services targeting small businesses are not providing email authentication and anti-phishing technologies, meaning the companies could be aiding phishing attempts of their customers.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

Expert Analysis

  • 4 Takeaways For Lenders From Recent TCPA Decision

    Eve Cann

    As Telephone Consumer Protection Act cases rarely result in favorable trial outcomes for creditors and loan servicers, there are several key practice points from a Florida federal court’s recent decision in Larry Harrington v. RoundPoint Mortgage Servicing, say Eve Cann and Keith Andress of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Auto Dealers Should Note FTC’s Deceptive Ad Actions

    Christian Scali

    The Federal Trade Commission recently announced it approved a final consent order settling charges against an auto dealership after it disseminated full-page Spanish-language advertisements in print and online. While this action is among the first taken by the FTC to explicitly pursue auto dealers who deceive consumers by switching languages, there have been similar crackdowns in recent years, say attorneys with Scali Rasmussen.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • A Fresh Look At CFPB's Enforcement Process

    Jean Veta

    In its most recent request for information the Consumer Financial Protection Bureau emphasizes seven aspects of its enforcement process that “may be deserving of more immediate focus.” Because the process is a series of interrelated steps, changes to any one of these areas may impact, or be impacted by, changes to other areas, say Jean Veta and Eitan Levisohn of Covington & Burling LLP.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Auto-Renewal Cases — They Just Keep Coming

    Stephanie Sheridan

    In light of increased recent scrutiny from the California Legislature, local and federal governments, and the plaintiffs bar, retailers offering subscriptions and other auto-renewal programs should closely review their advertisements, sign-up procedures and confirmation materials to make sure they are protected from litigation, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • The Latest On TCPA Exemption For Health Care-Related Calls

    Alan Wingfield

    If an Ohio federal court's recent ruling in Lindenbaum v. CVS Health is followed by other courts, the long-term effect of the decision has the potential to classify many, if not almost all, health care-related calls subject to the Telephone Consumer Protection Act’s emergency exemption and, thus, outside of liability, say attorneys with Troutman Sanders LLP.

  • DC Circ. CFPB Decision Is A Big Win For Industry

    Joseph Palmore

    In PHH v. Consumer Financial Protection Bureau, the D.C. Circuit recently held that the structure of the CFPB is constitutional. The U.S. Supreme Court will likely have the last word on the separation-of-powers issue, but the D.C. Circuit's holdings on the Real Estate Settlement Procedures Act and fair notice will likely stand, say attorneys with Morrison & Foerster LLP.