Consumer Protection

  • March 14, 2018

    Skateboard Ramp Cos. Unveil New, Cashless FCA Settlement

    Two skate park design-build firms told a California federal court Tuesday they'd like to finally put to bed claims that one of them lied to governments to get business, presenting a “walk-away” cashless settlement in the False Claims Act suit they hope will fare better than a $150,000 deal rejected by the court two years ago.

  • March 14, 2018

    WhatsApp Won't Share User Data With Facebook Until GDPR

    The U.K.’s privacy watchdog said Wednesday it has ended its probe into smartphone messaging service WhatsApp’s user data sharing, with the app dodging a fine but pledging not to share personal data with parent company Facebook until it complies with the European Union’s new data protection regime.

  • March 14, 2018

    Second Fertility Clinic Sued Over Destroyed Eggs

    A San Francisco woman filed a proposed class action Tuesday over the destruction of eggs she had frozen at a California fertility center due to a cooling malfunction in the facility’s storage tanks, just a day after an Ohio couple filed a similar suit against a different facility.

  • March 14, 2018

    Ford Recalls 1.4M Cars For Steering Wheels That May Detach

    Ford Motor Co. on Wednesday said it is recalling about 1.4 million vehicles for potentially loose bolts that could cause the steering wheel to detach, saying it knows of two accidents allegedly related to the issue.

  • March 14, 2018

    Calif. Ski Resort Gets Final OK For $3.75M TCPA Deal

    A settlement that will see Mammoth Mountain Ski Area LLC fork over $3.75 million to resolve Telephone Consumer Protection Act claims secured final approval Tuesday, with a California federal judge saying the deal is a reasonable resolution to a class action over alleged robocalls.

  • March 14, 2018

    Former Equifax Exec Indicted For Insider Trading

    Civil and criminal charges have been filed against a former Equifax executive accused of selling off shares before the public was informed of the company’s massive data breach, the U.S. Securities and Exchange Commission and U.S. Department of Justice announced Wednesday.

  • March 14, 2018

    Insurer, Heart Association Duck TCPA Texting Suit

    A Louisiana federal judge has nixed a proposed class action accusing a health insurance provider of duping consumers into signing up for informational texts that were really part of a charity's advertising scheme, saying the texts were solicited and clearly not commercial.

  • March 13, 2018

    Airline Says Consumers' Notice Broke Rules In 'Exit Fees' Suit

    Venezuela-based Avior Airlines CA said Tuesday that consumers suing over alleged surprise "exit fees" violated court rules when they filed a notice pertaining to the denial of a dismissal bid in a similar case, and have asked the Florida federal court to strike it.

  • March 13, 2018

    7th Circ. Revives TCPA Suit Against Text Message Marketer

    A Seventh Circuit panel on Monday revived a man’s suit accusing a company of sending him unsolicited text messages in violation of the Telephone Consumer Protection Act, finding that he should have had a chance to conduct discovery before the lower court ruled against him.

  • March 13, 2018

    UK Privacy Regulator Eyes Small Biz In GDPR Ad Campaign

    The United Kingdom's information and data privacy regulator announced a new ad campaign Monday to inform very small businesses otherwise unaware of the rollout of Europe-wide rules that require companies to be more transparent on how their data is used, shared and stored. 

  • March 13, 2018

    Amazon Settles With Job Applicants Over Background Checks job applicants told a Florida federal judge Tuesday that they had settled their claims against the e-commerce giant over consumer background checks they said were performed without following strict legal requirements.

  • March 13, 2018

    Mortgage Servicer Stuck With $8M Penalty In CFPB Suit

    A California federal judge on Monday stood by his judgment for the Consumer Financial Protection Bureau in its suit alleging a mortgage services company and its founder misleadingly marketed a mortgage payment program, swatting down their post-trial bids to get out from under a $7.93 million penalty and an injunction.

  • March 13, 2018

    10th Circ. Sides With DOL In Row Over New Fiduciary Rule

    A Tenth Circuit panel Tuesday affirmed a decision upholding the U.S. Department of Labor's new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, agreeing with the lower court that the rule’s critics were given an opportunity to comment on it.

  • March 13, 2018

    260K Amazon Power Banks Recalled Over Fire, Burn Risks

    Amazon is recalling 260,000 AmazonBasics power banks after receiving dozens of reports that they can overheat and cause fires and chemical burns, the U.S. Consumer Product Safety Commission announced Tuesday.

  • March 13, 2018

    Pomerantz, Rosen Law Seek Top Spots In Intel Stock Row

    Two Intel Corp. investors asked a California federal judge Monday to appoint Pomerantz LLP and The Rosen Law Firm PA as co-lead counsel in their stock-drop putative class action against the chipmaker over two previously unreported security flaws, dubbed Spectre and Meltdown.

  • March 13, 2018

    Consumers, Wine Seller Amend Contested Deal In Pricing Row

    Consumers and online wine purveyor Wines ‘Til Sold Out floated a revised settlement Monday that will see shoppers receive credits toward future purchases to resolve a New Jersey federal court action alleging misleading price advertising after their original class action deal spurred backlash from the federal government, state attorneys general and others.

  • March 13, 2018

    Online Auto Seller's Texts Don't Violate TCPA, Judge Says

    Online vehicle retailer CarGurus Inc. did not send unsolicited text messages to cellphone users in violation of the Telephone Consumer Protection Act, an Illinois federal judge ruled Monday, ruling in favor of CarGurus and against a putative class of consumers.

  • March 13, 2018

    Harley-Davidson Dealership Hit With TCPA Class Action

    A Harley-Davidson dealership has been hit with a proposed class action in Tennessee federal court accusing it of making repeated unsolicited calls to an individual on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • March 13, 2018

    AMD's New Chips Vulnerable To Hackers, Researchers Say

    Cybersecurity researchers warned Tuesday that malicious hackers could exploit Advanced Micro Devices Inc.’s latest lines of computer processors, following the discovery late last year that the Spectre and Meltdown vulnerabilities exposed nearly every computer chip to hacking.

  • March 13, 2018

    Hertz Can Arbitrate Renter's Suit Over Unpaid Toll Fees

    A California federal judge on Monday sent to arbitration a putative class action alleging Hertz failed to tell car renters about transponders that didn’t work properly on all toll roads so the company could unlawfully charge an administrative fee for unpaid tolls, saying the rental agreements had arbitration provisions.

Expert Analysis

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Avoiding The Pitfalls Of Pre-Employment Background Checks

    Alicia Samolis

    A Florida federal judge recently allowed a class action to proceed against Amazon, on allegations that the company engaged in unfair pre-employment background check practices. The case highlights that even the most sophisticated employer can struggle with the varied and highly technical laws that govern this common employer function, say Alicia Samolis and Matthew Mitchell of Partridge Snow & Hahn LLP.

  • Why 2nd Time Was Not The Charm For Baby Food Class Cert.

    Alexandra Laks

    On remand from the Ninth Circuit, a federal district court in California last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. The decision demonstrates that the bar for class certification in the food misbranding context remains high, even in the wake of appellate decisions favorable to plaintiffs, says Alexandra Laks of Morrison & Foerster LLP.

  • Practicality Is A Driving Force In High Court Microsoft Case

    James Kitchen

    Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.

  • Strategies For FCRA Employment Class Actions: Part 2

    Excerpt from Lexis Practice Advisor
    James Boudreau

    The Fair Credit Reporting Act lends itself well to class litigation because it provides for statutory damages and attorneys' fees. In the final part of this article, James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss several aspects of FCRA-related employment litigation including challenges connected to discovery, depositions and summary judgment.

  • VoIP Services May Fall Beyond TCPA's Scope

    Louis DePaul

    A Pennsylvania district court's recent opinion in Klein v. Commerce could prove to be critical in curtailing Telephone Consumer Protection Act claims by providing a strong precedent to support the proposition that free voice over internet protocol services do not fall within the scope of the TCPA, say Louis DePaul and Alison Viola of Eckert Seamans Cherin & Mellott LLC.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Opinion

    States Must Fill Void Created By CFPB Regulatory Vacuum

    Brian Kabateck

    Our nation’s most aggressive consumer watchdog, the Consumer Financial Protection Bureau, has essentially been muzzled. It is now, more than ever before, incumbent upon states and their legislatures to ensure that their citizens are protected from unscrupulous financial institutions who only care to protect their bottom line, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.