Consumer Protection

  • December 8, 2017

    DOJ Tasks NC Prosecutor With Asset Forfeiture Oversight

    The U.S. Department of Justice announced Friday that a federal prosecutor from North Carolina is taking on a new role reviewing DOJ forfeiture rules and overseeing a controversial practice that empowers local law enforcement to seize property.

  • December 8, 2017

    Dunkin’ Can't Escape Suit Over Faux Berry Doughnuts

    An Illinois federal judge on Thursday allowed a Dunkin’ Donuts customer to go forward with his claim the chain duped him into buying an artificially flavored blueberry doughnut believing it contained real berries, saying if his claims are true it was a reasonable belief.

  • December 8, 2017

    Trump Tweet Raises Concern Over Regulators' Independence

    President Donald Trump on Friday said that Wells Fargo & Co. would face tougher penalties even as the administration rolls back bank regulations amid reports that a penalty against the bank would be reviewed and potentially lowered.

  • December 7, 2017

    11th Circ. Won't Give LabMD 2nd Bite At Tiversa Fraud Row

    The Eleventh Circuit on Thursday refused to revive a computer hacking and trespass suit that LabMD filed against Tiversa in Georgia federal court as part of the parties' wide-ranging dispute over the exposure of a LabMD patient data file, agreeing with a lower court that there was no evidence that a Pepper Hamilton LLP partner who represented Tiversa intentionally deceived the court.

  • December 7, 2017

    VW Plea Deal Gives Investors Limited Win In Fraud Case

    A California federal judge hearing cases related to Volkswagen AG’s clean diesel scandal ruled Wednesday that investors cannot cite the automaker's plea deal and admissions to prosecutors as proof that dozens of its statements to investors were false or made with scienter, although he found they did contradict the automaker’s statements printed on its engines.

  • December 7, 2017

    Enterprise Resolves Proposed Class Action Over Toll Charges

    Enterprise Rent-a-Car and one of its customers have resolved a proposed class action claiming the company refused to refund charges for a toll violation despite receiving proof he had paid the toll with his E-ZPass, according to an agreement filed Wednesday in New Jersey federal court.

  • December 7, 2017

    LuLaRoe Customers Seek Class Treatment In Sales Tax Spat

    Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge Wednesday to grant them class status.

  • December 7, 2017

    Trusts Assert Control In $22M CFPB Student Loan Suit

    The recently affirmed owner of a $12 billion fleet of securitized student loan trusts moved late Wednesday to lock in its authority to settle a regulatory agency’s pending $22 million federal consent decree over debt collection practices, despite a seeming slowdown in the Delaware case.

  • December 7, 2017

    Utz To Shell Out $1.25M To Settle 'All Natural' Class Action

    Utz Quality Foods has agreed to pay $1.25 million to resolve a proposed class action asserting that certain of its snack foods are deceptively labeled as being “all natural,” according to documents filed Wednesday in Massachusetts federal court.

  • December 7, 2017

    7th Circ. Affirms AmEx’s ‘Flawed’ $6.7M Gift Card Deal

    The Seventh Circuit on Thursday affirmed the dismissal of an objection to American Express’ $6.7 million settlement ending claims that AmEx's prepaid gift cards don't work universally, finding that a district judge didn't abuse his discretion in approving it, even though it said the deal is “flawed” and consumers are getting meager recoveries.

  • December 7, 2017

    JPML Sends Sonic Drive-In Data Breach Suits To Ohio

    The U.S. Judicial Panel on Multidistrict Litigation transferred several proposed class actions against Sonic Drive-In to the Northern District of Ohio on Wednesday, centralizing the suits over the restaurant chain’s massive breach of customer data.

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

  • December 7, 2017

    Firm Seeks CFPB Sanctions Over Alleged Cordray Talks Delay

    Ohio law firm Weltman Weinberg & Reis Co. LPA on Wednesday asked a federal judge in Ohio to slap the Consumer Financial Protection Bureau with sanctions for allegedly attempting to delay allowing the firm to speak with former Director Richard Cordray before he left the bureau.

  • December 7, 2017

    Bumble Bee Salmon Not Wild Or Smoked, Consumer Claims

    Bumble Bee Foods LLC was hit Wednesday with a class action accusing the company of tricking consumers into believing its "medium red smoked salmon" product was fresh caught and smoked, when in fact it was farm-raised, colored pink and artificially flavored.

  • December 6, 2017

    CFPB Deputy Director Seeks Injunction In Leadership Fight

    The Consumer Financial Protection Bureau official currently embroiled in a fight over the temporary leadership of the federal consumer finance watchdog on Wednesday asked a federal judge to remove a rival acting director appointed by President Donald Trump and declare his actions invalid.

  • December 6, 2017

    French Regulator Warns Toymaker To Address Privacy Risks

    France's data protection regulator has become the latest to raise red flags over the potential privacy and security risks of a pair of popular internet-connected toys, warning toymaker Genesis Industries Ltd. that it would likely face sanctions if it didn't improve its security controls and data use notices within two months. 

  • December 6, 2017

    Thompson Hine Bolsters Cybersecurity Team With DHS Hire

    Thompson Hine LLP has expanded its privacy and cybersecurity and business litigation practices with the recent addition of a senior counsel who spent the past 10 years working with federal government agencies, including the U.S. Department of Homeland Security and the White House National Security Council.

  • December 6, 2017

    Congress Must Review CFPB Auto Lending Bulletin: GAO

    A government watchdog agency on Tuesday ruled that a bulletin the Consumer Financial Protection Bureau issued that would hold banks responsible for funding potentially discriminatory auto loans could be reviewed and potentially overturned by Congress.

  • December 6, 2017

    Opioid Suits Are The New Tobacco Litigation, Atty Says

    The litigation coming out of the opioid crisis will rival the tobacco suits of the 1990s, Jay Edelson of plaintiffs firm Edelson PC told an audience during a Chicago City Club panel on the drugs and possible solutions to the epidemic of addiction.

  • December 6, 2017

    7th Circ. Wary Of Reviving Barnes & Noble Breach Action

    At least one judge on a Seventh Circuit panel on Wednesday grappled with the prospect of reviving a proposed class action against Barnes & Noble over its 2012 security breach, wondering whether it’s enough to claim economic damages if the California and Illinois customers who lost money through the hack got it back within three days.

Expert Analysis

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • Opinion

    Why Contempt For The CFPB Is A Big Business Mistake

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    The Consumer Financial Protection Bureau keeps the marketplace safe for well-behaved companies, by policing cheaters who take away sales, profits and market share from businesses that follow the rules. Why honest companies would revile the protective force that ensures their prosperity is a mystery, says Daniel Karon of Karon LLC.

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Proposals For Reform Under A New CFPB

    Reginald Brown

    Once the dispute over appointment of the Consumer Financial Protection Bureau's new director is resolved, the first task for the new interim director will be to set a new and likely very different course for the bureau. Attorneys at WilmerHale discuss a variety of policy reforms the new director should implement.

  • Amarin Case Demonstrates Limits Of ITC Jurisdiction

    Matthew Rizzolo

    Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Financial Crisis, 10 Years On

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    One decade since the first signs of trouble, members of the Financial Crisis Inquiry Commission, Obama administration officials, legal industry experts, and others explore the profound impact of the Great Recession.

  • Potential For A New Course At The CFPB

    Allison Schoenthal

    The Consumer Financial Protection Bureau has been a lightning rod for controversy since its creation in 2010. Now, with the announcement of Director Richard Cordray's resignation last week, Allison Schoenthal of Hogan Lovells examines what changes may be on the way.