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Consumer Protection

  • October 5, 2018

    6th Circ. Affirms Widow's Federal Black Lung Benefits

    The Sixth Circuit on Friday upheld an administrative law judge's finding that the operator of a coal-loading terminal owes black lung benefits to a worker’s widow, saying the terminal didn’t overcome the legal presumption that longtime coal workers have black lung.

  • October 5, 2018

    Crunch Gym Asks 9th Circ. To Rethink TCPA Revival Ruling

    Crunch San Diego LLC asked the Ninth Circuit on Thursday to reconsider its revival of a proposed class action accusing the gym chain of spamming members' cellphones, arguing that the ruling's broad definition of what constitutes an autodialer under the Telephone Consumer Protection Act conflicts with statutory text, legislative history and the court’s prior decisions.

  • October 5, 2018

    Tobacco Warning Labels Ready By 2021 At Earliest, FDA Says

    The U.S. Food and Drug Administration said in court documents Friday the earliest it can finish revamping tobacco warning labels is summer 2021, explaining the government can't rush building an arsenal of research and public input on graphic, full-color warnings that Big Tobacco already once derailed.

  • October 5, 2018

    Preliminary Privacy Settlement Over BART App OK'd By Judge

    A California federal magistrate judge has approved a preliminary settlement for a class that claims Bay Area Rapid Transit secretly collected riders' personal information through a mobile app promoted as a public safety measure.

  • October 5, 2018

    Apple Wants To Hang Up FaceTime Failure Suit

    Apple Inc. has urged a California federal court to toss a consumer class action alleging the tech giant intentionally broke the FaceTime video chat service on older iPhones, arguing iPhone 4 customers didn't adequately back up their damages claims and were improperly suing over the company's design choices.

  • October 5, 2018

    Kanye West Fights Cert. Bid In Suit Over Tidal Release Tweet

    Kanye West has asked a New York federal judge not to certify a class of fans who say he tricked them into subscribing to music streaming service Tidal and turning over their personal data, arguing that it's unclear that the listeners relied on or even saw a misleading tweet from the rapper before joining the site.

  • October 5, 2018

    2 Consumer Groups Hit Conn. Bank With Redlining Suit

    Connecticut-based Liberty Bank violated federal housing law by systematically discriminating against African American and Latino residential mortgage applicants by denying them credit at much higher rates than white applicants, according to a complaint filed by two consumer groups Thursday in federal court.

  • October 5, 2018

    Consumers In Roof Shingle MDL Seek OK On $30M Deal

    Roof shingle maker IKO Manufacturing and a proposed class of customers who say the company’s shingles deteriorated earlier than promised have reached a $30 million deal to end the multidistrict litigation, attorneys for the plaintiffs told an Illinois federal judge.

  • October 5, 2018

    Ticket Brokers Praise Feds' Examination Of Ticketmaster

    The National Association of Ticket Brokers is praising federal antitrust enforcers' decisions to examine the online ticket industry amid numerous complaints by consumers and competitors that companies like Ticketmaster are driving up costs for consumers.

  • October 4, 2018

    Counties Seek 9th Circ. Revival Of VW Emissions Claims

    Counties in Florida and Utah asked the Ninth Circuit on Thursday to revive their claims alleging Volkswagen AG violated local rules over tampering with emissions software in its vehicles, arguing that the district court was wrong to find that the claims are preempted by the Clean Air Act.

  • October 4, 2018

    9th Circ. Revives Trans Fat Labeling Suit Against Kroger

    A woman who claims a "zero grams of trans fat" label on Kroger breadcrumbs is misleading will get another shot at her suit against the grocer after the Ninth Circuit on Thursday reversed a lower court's ruling that her proposed class action was preempted by federal law.

  • October 4, 2018

    Purdue Must Face Trimmed Suit Over Opioid Marketing

    The New Jersey Attorney General’s Office and OxyContin producer Purdue Pharma LP on Thursday each heralded different parts of a state court decision finding the company must face a trimmed lawsuit alleging its deceptive marketing practices contributed to the opioid epidemic.

  • October 4, 2018

    State Farm Made Robocalls, Ignored No-Call List: Suit

    A Florida woman hit State Farm Fire and Casualty Co. with a proposed class action Thursday alleging it repeatedly used wide telemarketing campaigns and called consumers, who were on the do not call list, without their consent.

  • October 4, 2018

    Facebook Kids' App, Others Violate Privacy Law, FTC Told

    A pair of Democratic senators and several consumer organizations are urging the Federal Trade Commission to take a closer look at the data collection and tracking practices of child-directed apps, with the advocacy groups specifically targeting Facebook's kid-centric messaging service for allegedly violating federal children's privacy rules.

  • October 4, 2018

    3rd Circ. Won't Rehear Talc Suit That Could Move To Calif.

    The Third Circuit has declined to reconsider a California woman’s proposed federal class action alleging that Johnson & Johnson falsely advertised its baby powder as safe, and her attorneys say they now plan to move the case to state court.

  • October 4, 2018

    Intuit's TurboTax Refund Fraud Deal For 915K Victims OK'd

    A California federal judge on Thursday preliminarily approved a nonmonetary deal TurboTax-maker Intuit Inc. reached to settle proposed class action claims that the company enabled fraudsters to file 915,000 fake tax returns, saying not all identity theft victims suffered out-of-pocket losses and those who did can still pursue individual claims.

  • October 4, 2018

    Ga. Activists File Last-Ditch Bid For Election Security

    Activists that want Georgia to address hacking concerns by replacing electronic voting with paper balloting have filed a last-ditch effort to sway a federal judge to order a series of election security measures ahead of the upcoming midterms.

  • October 4, 2018

    Starbucks Accused Of Mislabeling Gummies As 'All-Natural'

    Starbucks Corp. was hit with a proposed consumer class action in California federal court Wednesday accusing the coffee giant of mislabeling its sour gummy snacks as having "all-natural" flavors and profiting off of the deception.

  • October 4, 2018

    Vizio Cuts $17M Deal To End Smart-TV Spying MDL

    Vizio Inc. has reached a $17 million deal to resolve multidistrict litigation brought on behalf of 16 million smart-TV owners over claims that the electronics company collected and shared data about the consumers' viewing habits without their consent, according to documents filed Thursday in California federal court.

  • October 4, 2018

    Diverse Group Of Harvard Students Can Testify At Bias Trial

    A small, diverse group of Harvard College students and alumni can testify against claims that the prestigious school discriminates against Asian-American undergraduate applicants, receiving the blessing of a Massachusetts federal judge who will preside over the imminent bench trial.

Expert Analysis

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • A Closer Look At Proposed Regs For Nonbank Loan Servicers

    Laurence Platt

    A recently introduced bill that would create a new authority over mortgage loan servicers that handle loans for Fannie Mae and Freddie Mac likely has no chance of passage in the short term. But these entities should keep an eye on the potential federal extension of so-called safety and soundness principles, say Laurence Platt and Michael McElroy of Mayer Brown LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • The Diminishing Role Of Agency Guidance

    David Freeman

    An interagency statement issued by several banking agencies last week — that supervisory guidance does not have the force and effect of law — reflects the current administration’s deregulatory agenda. But ultimately, the agencies’ newly stated position may have little practical impact, say attorneys with Arnold & Porter.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • NY Revives Fair Lending Risks For Indirect Auto Lenders

    Melanie Brody

    The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.

  • Hurricane Florence: How State Laws Protect Service Members

    Jeffrey Naimon

    As the southeastern United States braces for Hurricane Florence, the governors of several states have authorized National Guard response efforts. Creditors can do their part by being aware of the laws protecting military service members, say attorneys with Buckley Sandler LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.