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Consumer Protection

  • December 12, 2018

    Charter Looks To Nix TCPA Suit Over Unwanted Calls

    Charter Communications Inc. asked a West Virginia federal judge Tuesday to dismiss a complaint accusing it of violating the Telephone Consumer Protection Act by sending unsolicited calls using an autodialer, saying the calls were not made by the company and it does not do business in West Virginia.

  • December 12, 2018

    FanDuel's Hidden Arbitration Pact Preserves MDL, Users Say

    A user agreement was not conspicuous enough to compel FanDuel Inc. users to arbitration to settle multidistrict fraud claims, a Massachusetts federal judge was told Wednesday during a hearing over a suit saying FanDuel and DraftKings Inc. falsely told consumers their games could be won by average players.

  • December 12, 2018

    Google Tracking Class Actions Consolidated In Calif.

    Six proposed class actions accusing Google of tracking and storing users’ private location information even, in instances where consumers have opted out, have been consolidated in a California federal court.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    Industry Groups Hail Move For Reassigned Numbers Database

    The Federal Communications Commission voted Wednesday to establish a comprehensive database of reassigned phone numbers, which it says will help companies keep track of when consumers abandon a phone number and cut down on the amount of misdirected calls.

  • December 11, 2018

    Consumer Allies Blast CFPB's Proposed No-Action Overhaul

    The Consumer Financial Protection Bureau wants to overhaul its policy on no-action letters and create a regulatory sandbox to attract more companies seeking to test out new consumer offerings, but consumer advocates and their allies warned Tuesday that the proposed changes go too far.

  • December 11, 2018

    Fiat Presses Supreme Court To Undo Car-Hacking Cert. Order

    Fiat Chrysler urged the U.S. Supreme Court on Tuesday to resolve a circuit split and allow it to swiftly challenge an Illinois district court's certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the lower court's "manifest errors" cannot go unchecked.

  • December 11, 2018

    Mass. Says Starion Filed Ch. 11 To Evade Regulatory Action

    The commonwealth of Massachusetts filed a motion to dismiss the Chapter 11 case of electricity supplier Starion Energy Inc. on Monday, saying the company filed the case in bad faith to avoid responsibility for regulatory penalties imposed by the state’s attorney general for deceptive business practices.

  • December 11, 2018

    Judge Knocks Cambridge Analytica Exec's Ch. 7 Escape Bid

    The New York bankruptcy judge overseeing Cambridge Analytica LLC's Chapter 7 case Tuesday said he will likely continue to hold the company director who signed the bankruptcy papers responsible for Cambridge’s part in the case.

  • December 11, 2018

    VW Slams Bondholder's Bid To Redo Emissions Fraud Suit

    Volkswagen has told a California federal judge that a bondholder cannot tack on insider trading claims to a proposed class action alleging it was duped into buying overpriced bonds based on misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal.

  • December 11, 2018

    General Mills Escapes Suit Over Trans Fat Use

    A California federal judge has dismissed a putative class action claiming General Mills' baking mixes are unsafe because they use trans fat-containing partially hydrogenated oils, saying the consumer's state claims are preempted by federal law.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

  • December 11, 2018

    'Whole Grain' Cheez-It Label Suit Sent Back To Fed. Court

    A New York federal court got it wrong when it ruled that labeling Cheez-It crackers "whole grain” isn't misleading even though the snacks are made primarily from enriched wheat flour, the Second Circuit said Tuesday, vacating a decision that it said validated “highly deceptive advertising” and remanding the proposed class action.

  • December 11, 2018

    Google CEO Defends Practices Amid Tracking, Bias Concerns

    Google CEO Sundar Pichai’s closely watched testimony before the House Judiciary Committee on Tuesday was heavy on affirmations that the company strives for optimal user experience but light on specifics about how the company deals with allegations of improper user tracking, information suppression and ill-gotten competitive advantages.

  • December 11, 2018

    Pa. Judge Won't Stay Derivative UHS Overbilling Claims

    A Pennsylvania federal judge has shot down a bid to pause a cluster of shareholder lawsuits over alleged overbilling by United Health Services Inc. while both a related securities class action and an investigation into potential False Claims Act violations draw to a conclusion.

  • December 11, 2018

    Fla. Man Ordered To Pay Gov't $23M Over Debt-Relief Scam

    A Florida federal judge awarded the Federal Trade Commission and the Florida attorney general a win and $23 million in their lawsuit accusing a man of running a scheme that defrauded 10,000 financially distressed consumers by using illegal telemarketing calls to sell bogus credit-card debt elimination and reduction services.

  • December 11, 2018

    Most Claims Stick In ConAgra Cooking Spray Label Suit

    ConAgra Foods Inc.'s bid to dismiss a proposed class action claiming the labels of its cooking spray mislead customers about fat and calorie content has been largely denied, but a California federal judge has dismissed asterisk claims and non-California common law claims in the suit.

  • December 11, 2018

    Delta Flies Away From $1M 'Wrongful Detention' Suit

    A noted Massachusetts doctor waited too long to file his lawsuit alleging he was wrongly detained by a Delta Airlines Inc. employee, a federal judge said Tuesday, dismissing the $1 million suit due to the rules set forth in the Montreal Convention treaty on international air travel.

  • December 10, 2018

    State Farm Deal Objector Slams Conduct Of Class Counsel

    The attorney representing the only class member to object to the $250 million settlement resolving allegations State Farm bought an Illinois Supreme Court justice with campaign donations says class counsel called the lawyer's friends and clients to push him to drop the objection, according to a court filing.

  • December 10, 2018

    Google Admits New Bug Exposed Info For 52.5 Million Users

    Google admitted on Monday the second data leak in three months on its social media site Google Plus — this time affecting about 52.5 million users — and announced plans to shut down the platform earlier than planned.

Expert Analysis

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Money Transmitters Face Ambiguity In State, Federal Law

    Madison Thompson

    Over the past five years, Venmo has been the subject of enforcement actions by both federal and state actors. Madison Thompson of Troutman Sanders LLP provides an overview of the current oversight regime and insight for other money transmitters navigating the regulatory space.

  • A Closer Look At Calif. Privacy Law's Private Right Of Action

    Daniel Rockey

    Although labeled a “limited” private right of action by the bill’s sponsors, the California Consumer Privacy Act's private enforcement mechanism is almost certain to lead to a wave of new lawsuits unless the Legislature clarifies some ambiguities, says Daniel Rockey of Bryan Cave Leighton Paisner LLP.

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.

  • What We Heard At The FTC Hearings: Days 12 And 13

    Janis Kestenbaum

    The seventh hearing in the Federal Trade Commission’s series on competition in the 21st century addressed artificial intelligence and algorithmic decision-making. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Prop 65 Compliance Gets More Complicated

    Anne Marie Ellis

    Recent amendments to California's Proposition 65 changed the nature and content of chemical exposure warnings required for many products, substances and locations. Meanwhile, the plaintiffs bar is stepping up its attempts to target Prop 65 violators, says Anne Marie Ellis of Buchalter PC.