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Consumer Protection

  • May 18, 2018

    CFTC Tells Fraud Suit Judge It Can Regulate Cryptocurrency

    Cryptocurrency is a commodity that can be regulated by the U.S. Commodity Futures Trading Commission, the regulatory watchdog agency told a Massachusetts federal judge Friday as it fights a cryptocurrency company's bid to dismiss a $6 million fraud suit.

  • May 18, 2018

    Homeowners Ask 9th Circ. To Revive Citi, Chase Fee Fights

    Homeowners claiming Citibank NA and JPMorgan Chase & Co. charged them unnecessary fees for property inspections after they defaulted on their loans asked the Ninth Circuit to revive their suits Friday, saying a lower court erred in finding no basis for their racketeering allegations against the banks and inspection companies.

  • May 18, 2018

    Yahoo Settles With Rivals.com Users Over Auto Renewals

    Yahoo Inc. agreed Thursday in California federal court to give cash or a membership credit and up to $300,000 in attorneys’ fees to subscribers of its college-sports site who claim the company has violated state consumer protection laws by automatically renewing their subscriptions without their permission.

  • May 18, 2018

    3rd Circ. Won’t Rethink Cert. Denial In Owens Corning Suit

    The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.

  • May 18, 2018

    FTC Says Biz Threatened To Delete Companies From Google

    The Federal Trade Commission in California federal court on Thursday accused a Florida-based company of scamming small businesses through false threats to remove them from Google search results and sham search engine optimization products.

  • May 18, 2018

    Cambridge Analytica Files Bankruptcy Liquidation Case In NY

    Cambridge Analytica LLC, the scandalized political consulting firm that worked for President Donald Trump's 2016 presidential campaign, filed for Chapter 7 bankruptcy on Thursday in New York as part of its liquidation announced earlier this month when the company entered similar proceedings in the U.K.

  • May 18, 2018

    9th Circ. Revives Vitamin E Labeling Row Over Heart Claims

    The Ninth Circuit resurrected a proposed class action alleging that the heart health claims on Pharmavite LLC’s vitamin E supplements are misleading, saying under California law, individual class members don't have to show they relied on the allegedly misleading statements.

  • May 18, 2018

    LabMD's Frivolous Suit Claims Should Be Axed, Judge Says

    A Pennsylvania magistrate judge is recommending the dismissal of a lawsuit accusing Reed Smith LLP and Clark Hill PLC of frivolously pursuing a pair of defamation actions against LabMD Inc. over statements made about the release of a file containing a trove of patient data.

  • May 18, 2018

    Class Cert. Denied In Herbicide False-Advertising Suit

    A California federal judge refused Thursday to certify a class of consumers on false-advertising claims about how much herbicide could be made from bottles of concentrate, saying the lead plaintiff’s own personal claims put him outside the class.

  • May 18, 2018

    Man Who Poached Digits For $50M Text Scam Gets 30 Mos.

    A California man who stole hundreds of thousands of mobile numbers and gave them to a business that took part in a $50 million text-message billing ripoff was sentenced to two-and-a-half years in prison by a Manhattan federal judge Friday.

  • May 18, 2018

    Nissan Must Face 5-State Shattering-Sunroof Suit

    A California federal judge on Thursday rejected an effort by Nissan North America Inc. to partly dismiss a suit that accuses the automaker of violating five states’ consumer protection laws by selling vehicles with defective panoramic sunroofs, saying the latest version of the suit passes muster under the laws of Illinois, California and Colorado.

  • May 17, 2018

    Kohl's Should Pay For False Markdowns, 9th Circ. Hears

    A Kohl's customer alleging that she bought clothes from the retailer based on false markdown pricing told a Ninth Circuit panel on Thursday that a lower court erred when it found she could not seek restitution by calculating what she would have paid had she not been defrauded by the misleading price tags.

  • May 17, 2018

    Bid To Undo CFPB's Payday Lending Rule Via CRA Fizzles

    Consumer advocates claimed victory on Thursday after lawmakers appeared to run out of time for passing a Congressional Review Act resolution to roll back Consumer Financial Protection Bureau restrictions on short-term, high-interest lenders. 

  • May 17, 2018

    Debunking 5 Myths Surrounding The Net Neutrality CRA

    Senate Democrats celebrated a breakthrough Wednesday when they won passage of a resolution to preserve Obama-era net neutrality rules, but the move also prompted questions about the measure's endgame and perpetuated common myths. Here, Law360 debunks five misconceptions surrounding Wednesday’s Senate vote and the current status of net neutrality.

  • May 17, 2018

    Nestle Sinks Class Action Claims Over Poland Spring Water

    Nestle Waters North America Inc. defeated four class action lawsuits alleging its Poland Spring water is a "colossal fraud" on Thursday, after a Connecticut federal judge ruled that the Food, Drug and Cosmetic Act only allows the federal government to enforce its violations.

  • May 17, 2018

    Leahy Rips Pai On Net Neutrality, Rural Broadband Coverage

    Sen. Patrick Leahy, D-Vt., tore into FCC chair Ajit Pai Thursday during a subcommittee budget hearing, criticizing his policies and allegedly contemptuous tone while asking him, unsuccessfully, to quantify how much scrapping net neutrality might spur broadband deployment in rural areas.

  • May 17, 2018

    Honest Co.'s Organic Formula Not Up To Calif. Par, Org Says

    The Organic Consumers Association urged a California appeals court on Thursday to revive its suit accusing Jessica Alba-founded The Honest Company of falsely claiming that its baby formula is organic, arguing that the federally certified formula doesn't meet California's higher standards for organic products.

  • May 17, 2018

    Apple Slims Exercise Headphone Class Action Claims

    A California federal judge on Wednesday trimmed a proposed class action claiming Apple Inc.'s Powerbeats headphones fail to hold a charge when a user is sweating, nixing a negligence claim altogether while keeping alive other claims that the company lied about the products’ durability.

  • May 17, 2018

    Osco Drug Sued Over 20 Faxes A Day Promoting Drug Refills

    Osco Drug’s parent company got slapped with a lawsuit in Illinois federal court Thursday by a pain management doctor who says the company sends an average of 20 unauthorized faxes a day encouraging his employer’s physicians to write their patients new prescriptions for controlled substances, including opioids, that they intended to fill only once.

  • May 17, 2018

    8th Circ. Again Asked To Revive SuperValu Data Breach Row

    A group of SuperValu shoppers on Wednesday mounted their latest challenge to the dismissal of multidistrict litigation over a pair of 2014 data breaches, arguing that it was vital for the Eighth Circuit to weigh in for a second time on the Article III standing issues posed by the dispute. 

Expert Analysis

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Inside The New GMO Labeling Disclosure Proposal

    Robert Hibbert

    Last week, the U.S. Department of Agriculture released its highly anticipated rule for labeling foods that contain genetically modified organisms, or “GMOs.” The proposal suggests a sweeping national disclosure requirement and, given the variety of consumer perceptions of bioengineered foods, could generate debate over certain label ideas, say Robert Hibbert and Ryan Fournier of Morgan Lewis & Bockius LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Facing The Homestretch Of GDPR Prep: Part 1

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is quickly approaching, and many companies are wrestling with how to prioritize efforts in the final weeks. In this video, Brian Hengesbaugh of Baker McKenzie discusses the importance of keeping a low profile.

  • When Must Manufacturers Anticipate Product Misuse?

    Stephen Copenhaver

    Not all injuries arising from the abuse or misuse of a product may lead to manufacturer liability. If the misuse was not reasonably foreseeable, the law does not hold manufacturers responsible in tort. But it can be difficult to determine which misuses are reasonably foreseeable and which are not, say Stephen Copenhaver and Sarah Schiferl of Schiff Hardin LLP.

  • CPSC Reaction To Consumer Misuse May Cost Companies

    Cheryl Falvey

    Product liability suits and regulatory product defect enforcement actions associated with foreseeable and unforeseeable consumer misuse have become the norm. But the U.S. Consumer Product Safety Commission's recent attempt to address human factors in the design process may present extraordinary costs and undue burdens on product designers and manufacturers, say Cheryl Falvey and Stephanie Crawford of Crowell & Moring LLP.

  • How Blockchains May Comply With GDPR Mandates: Part 2

    Kennedy Luvai

    The EU’s General Data Protection Regulation may present some challenges to certain blockchain-based solutions. Compliance issues include data minimization, rectification of inaccurate data, access to data and access to data portability, says Kennedy Luvai of Parsons Behle & Latimer PLC.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • How Blockchains May Comply With GDPR Mandates: Part 1

    Kennedy Luvai

    The treatment of hashed or encrypted data on a blockchain as pseudonymous data, subject to the EU General Data Protection Regulation, has far-reaching implications for privacy rights, including the right to erasure, says Kennedy Luvai of Parsons Behle & Latimer PLC.