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Consumer Protection

  • May 24, 2018

    Pfizer Pays $24M To End Medicare Copay Kickback Claims

    Pfizer Inc. will pay $23.8 million to resolve allegations that it used a charitable organization to provide kickbacks to Medicare patients who took certain drugs manufactured by the pharmaceutical giant, the U.S. Department of Justice announced Thursday.

  • May 24, 2018

    Still Not Ready For GDPR? Attys Say Don’t Sweat It

    Banks and insurers are scurrying to prepare for Europe's sweeping data regime that comes into force on Friday, but legal advisers predict that regulators will likely offer a grace period as they adjust to their own formidable new duties.

  • May 24, 2018

    Contractors May Be Missing Cyberrisks With Insurance Plans

    The construction industry has long had to worry about insuring the physical and natural disasters that can derail multimillion-dollar projects, but this coverage likely won't be broad enough to reach cyberthreats that could be just as damaging to the ebb and flow of their work, attorneys say.

  • May 23, 2018

    OCC Encourages Banks To Get Into Small-Dollar Credit

    The Office of the Comptroller of the Currency said Wednesday that it’s now encouraging the banks it oversees to get into the business of making short-term, small-dollar loans to consumers, a $90 billion market that the agency had previously steered banks away from.

  • May 23, 2018

    TCPA Class Action Over Car Dealer's Texts Will Go To Trial

    A class action against used-car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act will head to a jury as a Florida federal judge found Wednesday that too many factual disputes remain for her to decide the case.

  • May 23, 2018

    Objectors Chafe At 18% Fee Request In $2.3B Forex Deal

    Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims.

  • May 23, 2018

    Allstate Inks $6.5M Deal To End Calif. Junk Fax Class Action

    A California federal judge said Wednesday he'll grant preliminary approval to a $6.5 million class action settlement ending claims alleging Allstate Insurance Co. unlawfully sent junk faxes to thousands of Golden State residents soliciting customers for car insurance.

  • May 23, 2018

    'Dieselgate' Stalled Sales, VW Salespeople Say In Class Action

    News that Volkswagen rigged U.S. diesel emissions tests — a scandal sometimes referred to as “Dieselgate” — has harmed the “hardworking men and women who make their livelihood selling vehicles in the Volkswagen brand” and led to reduced sales, according to a consolidated class action filed in California federal court on Tuesday.

  • May 23, 2018

    Digital Markets Need Own Consumer Focus: Antitrust Chief

    Assistant Attorney General Makan Delrahim, head of the U.S. Department of Justice's antitrust division, said Tuesday that the traditional consumer welfare standard, which places antitrust scrutiny on prices and products available to consumers, can be adapted to better enforce digital markets through an increased focus on innovation, choice and quality.

  • May 23, 2018

    LL Bean Says Proposed Slipper Class Action Doesn't Fit

    L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.

  • May 23, 2018

    Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

    The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.

  • May 23, 2018

    CFPB Fights Think Finance's 'Meritless' Dismissal Bid

    The Consumer Financial Protection Bureau on Tuesday defended its suit alleging Think Finance duped borrowers and used sham tribal payday lenders to collect money it was not owed, telling a Montana federal judge that other courts have already approved substantially identical claims and calling the company's April dismissal motion "meritless."

  • May 23, 2018

    Drivers Amend Autobahn Parts Suit To Facilitate $1.6M Deal

    A group of drivers amended their claims in California federal court Tuesday against auto dealer Autobahn Inc. to help effectuate a proposed settlement that would provide the drivers with $1.6 million in vouchers for dropping claims the company misled them into believing it used genuine Mercedes parts to repair their vehicles.

  • May 23, 2018

    Citing Coral Reefs, Enviros Push Ban Of Sunscreen Chemicals

    The Center for Biological Diversity petitioned the U.S. Food and Drug Administration on Wednesday to ban the use of two sunscreen chemicals that allegedly damage coral reefs, ecosystems the group said were already threatened by higher ocean temperatures.

  • May 23, 2018

    UK Shields Insurers From Toughest Rules As GDPR Goes Live

    The U.K. government on Wednesday wrote Europe's General Data Protection Regulation onto the domestic statute books, carving out generous exemptions for the insurance industry just two days before the regime kicks in.

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Homeowners Say JPMorgan Forecloses Without Proper Notice

    A class action bumped up to federal court on Tuesday claimed JPMorgan Chase & Co. has foreclosed on “hundreds” of houses after homeowners missed three mortgage payments without attempting to confer with the owners as required by federal regulation.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Industry-Friendly OCC Regulations May Be On The Horizon

    David Freeman

    The Office of the Comptroller of the Currency’s agenda for the next few months, as articulated by new OCC leader Joseph Otting, seems promising for the industry and may provide regulatory relief to banks in many areas. At the same time, Otting’s proposals may face legal challenges, say attorneys with Arnold & Porter.

  • Keys To FDA Advisory Panel Prep For Device Makers

    How Device Cos. Should Prep For FDA Advisory Panels

    Receiving U.S. Food and Drug Administration approval is critical for any medical device company looking to bring new products to market. Only a handful of premarket approval applications and de novo reclassifications brave the advisory panel process each year. Gerry Prud’homme and Kristin Zielinski Duggan of Hogan Lovells offer six key points for companies preparing for an advisory panel meeting.

  • The Burden Of Medical Records During Bankruptcy

    Kenya Woodruff

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. Maintenance and storage of medical records is complicated further because of debtors' lack of financial resources, say attorneys with Haynes and Boone LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.