Consumer Protection

  • December 1, 2017

    Mass. AG, Medicaid Billing Co. Reach Deal Over Data Breach

    Massachusetts Attorney General Maura Healey has announced a deal with a company that processes Medicaid bills for school districts to resolve allegations that it flouted state consumer protection and data security laws in connection with a breach that put children at risk for identity theft and fraud.

  • December 1, 2017

    Law Firm Challenges CFPB's Constitutionality At 9th Circ.

    A law firm urged the Ninth Circuit on Thursday to free it from having to respond to a subpoena from the Consumer Financial Protection Bureau, arguing that the agency's structure is unconstitutional since it’s headed by a single director who has “vast,” unrestrained power.

  • December 1, 2017

    Insurance Co. Sues To Not Cover Investment Co.'s SEC Probe

    Wesco Insurance Co. sued Yellowstone Partners LLC on Friday in Idaho federal court, seeking a declaratory judgment that it need not provide coverage for a situation in which a self-report of millions of dollars in client overbillings led to an SEC investigation.

  • December 1, 2017

    Warren Demands Probe Of Mulvaney's 30-Day CFPB Freeze

    Sen. Elizabeth Warren, D-Mass., called Thursday for an investigation into Mick Mulvaney’s order halting all new rulemakings, hirings and payments generated from enforcement actions at the Consumer Financial Protection Bureau for 30 days, warning that the agency’s new acting director has effectively ordered a monthlong “shutdown.”

  • December 1, 2017

    Lyft, Jobcase Told To Mediate Consumers' Spam-Text Claims

    A Florida federal judge on Friday ordered ride-hailing giant Lyft Inc. and employment social network Jobcase to resolve in mediation a proposed class action over allegedly unsolicited spam texts, just three weeks after the suit was filed.

  • December 1, 2017

    LG Can't Shake Most Claims Over Shoddy Washers

    LG Electronics USA Inc. mostly lost its bid to escape a putative class action over allegedly defective washing machines on Thursday when a New Jersey federal judge said consumers could pursue claims that the company was aware of the defects and failed to disclose them.

  • December 1, 2017

    Bipartisan House Bill Would Kill CFPB Payday Lending Rule

    Members of the U.S. House of Representatives on Friday began a process to potentially repeal the Consumer Financial Protection Bureau’s restrictions on payday lenders, but unlike past efforts to eliminate Obama-era regulations, the payday lending legislation comes with bipartisan support.

  • November 30, 2017

    Kirkland's Should Face Receipt Row Under Spokeo: Magistrate

    A Pennsylvania magistrate judge on Wednesday advised against tossing a putative class action accusing retailer Kirkland's Inc. of printing too many credit card digits on receipts, finding the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

  • November 30, 2017

    Google Nears Win, But Can’t Put Click Fraud Suit To Bed

    A California federal judge Thursday indicated she’d give a businessman a fifth chance to fix his putative class action alleging Google falsely markets its online advertising program by downplaying invalid click percentages, saying he hadn’t shown he’d lost money but made compelling arguments he relied on the tech giant’s representations.

  • November 30, 2017

    Receiver Faulted Over $20M Scheme Clawbacks At 11th Circ.

    Two investors in a life insurance policy obtained through a company later linked to a $20 million investment scheme told the Eleventh Circuit on Wednesday they had no chance to challenge the scheme's receiver's finding that they owed assets back before a distribution plan was set.

  • November 30, 2017

    DC Circ. May Skip CFPB Fight After Cordray’s Exit

    The legal battle over who will temporarily lead the Consumer Financial Protection Bureau comes as the D.C. Circuit is considering whether the bureau's structure is constitutional, and experts say the fight over its leadership could lead the appeals court to punt on the constitutional question.

  • November 30, 2017

    Nutter McClennen Nabs Former Comptroller Of The Currency

    Nutter McClennen & Fish LLP said Tuesday that it has brought aboard one of the nation’s former top banking regulators to co-lead the firm’s banking and financial services practice group as a partner.

  • November 30, 2017

    Facebook Biometric Data Row May Hinge On 'Right To Say No'

    A California federal judge Thursday seemed poised to preserve a proposed class action over Facebook’s collection of biometric data, saying that the social media giant may have violated users’ statutory “right to say no” and that he was unconvinced the U.S. Supreme Court’s Spokeo decision required that they allege real-world harm.

  • November 30, 2017

    Dodd-Frank Architects Stress Lawmaker Intent In CFPB Battle

    Backers of a legal challenge to block Mick Mulvaney from leading the Consumer Financial Protection Bureau said Thursday that their fight is just beginning, with the two men who gave their names to the Dodd-Frank Act arguing that they purposely crafted the law to deny presidents the authority to appoint an acting director for the agency.

  • November 30, 2017

    Cricket's Website Not Accessible To The Blind, ADA Suit Says

    AT&T subsidiary Cricket Wireless was hit with a proposed class action lawsuit in Florida federal court on Wednesday for allegedly discriminating against the visually impaired by not maintaining a website that is compliant with the Americans with Disabilities Act.  

  • November 30, 2017

    Paint Cos. Seek Rehearing In $1B Lead Paint Cleanup Suit

    Sherwin-Williams Co. and two other paintmakers asked a California appeals court to reconsider a decision that trimmed a $1.15 billion lead contamination judgment, saying Wednesday that the panel had ignored vital evidence about whether the companies had promoted the paint for use in homes.

  • November 30, 2017

    JPML Judges Say Atlanta Best Site For Equifax MDL

    The U.S. Judicial Panel on Multidistrict Litigation will likely centralize litigation over the Equifax data breach in Atlanta, with several judges on the panel saying Thursday that keeping the cases near the credit reporting company’s headquarters makes the most sense.

  • November 30, 2017

    Google Faces UK Suit Over IPhone Snooping Claims

    A consumer watchdog on Thursday filed what he called Britain’s first proposed class action against a tech giant for allegedly misusing personal data, claiming that Google Inc. breached iPhone privacy settings to illegally collect records on more than 5 million U.K. residents.

  • November 30, 2017

    Coinbase Must Give Info To IRS For Transactions Over $20K

    A California federal judge on Wednesday handed the Internal Revenue Service a partial win in the agency’s bid to seek records from Coinbase Inc., saying the virtual currency exchange must hand over information on accounts with transactions of greater than $20,000.

  • November 30, 2017

    Calif. AG Says For-Profit Online College Misled Students

    California Attorney General Xavier Becerra sued Ashford University and its beleaguered parent company Bridgepoint Education Inc. in state court Wednesday, alleging the online for-profit college has lured hundreds of thousands of students to enroll with false promises and high-pressure sales tactics, and then used illegal debt collection practices to collect unpaid tuition.

Expert Analysis

  • Unreliable Expert Opinion Dooms California Talc Verdict

    Steven Boranian

    After the recent $417 million verdict against a talcum powder manufacturer in California, the trial court set the verdict aside, entering judgment for the defendants. The court’s order paints a clear picture of what happened: The jury, goaded by improper argument from plaintiffs counsel, ignored instructions and spun out of control, says Steven Boranian of Reed Smith LLP.

  • Financial Crisis Anniversary

    Dodd-Frank And Deregulation: Some Lessons From History

    Dennis Kelleher.jpg

    The Dodd-Frank Act, while imperfect, addressed what actually did cause the financial crisis: unreasonable risk-taking, low capital and high leverage, shadow banking, and much more. The evidence is overwhelming that financial reform is working, that the risk of a crash in the U.S. is greatly reduced, and that banks are highly profitable, says Dennis Kelleher, president of Better Markets Inc.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • CFPB Financial Data Principles: Whose Data Is It Anyway?

    David Beam

    The Consumer Financial Protection Bureau recently released guidance addressing consumer protection principles for consumer-authorized financial data sharing and aggregation. Attorneys with Mayer Brown LLP discuss what the new guidance entails and what it may mean for consumers, fintech companies and the financial services industry.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Populist Pitchforks Come Out: Insider Trading And Equifax

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    Following the theft of data relating to about half the adult population of the United States, Kevin Coen, former securities and treasury counsel with Johnson Controls International, explores whether there is a basis to charge any of the Equifax executives with insider trading and highlights some lessons for practitioners.

  • Connected Products For Kids: Compliance Beyond COPPA

    J. Nicci Warr

    Manufacturers of "smart" products that collect, transmit or store data related to a child should be aware that, while compliance with the Children's Online Privacy Protection Act is crucial, other federal and state laws may also apply — and are likely to be strictly enforced when children’s personal information is at issue, says J. Nicci Warr of Stinson Leonard Street LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.