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Consumer Protection

  • August 10, 2018

    JPMorgan's $3M Vehicle Repo Deal With Consumers Approved

    A Minnesota federal judge Thursday gave her initial approval to a $3.25 million deal struck between JPMorgan Chase Bank NA’s auto financing arm, a debt collector and a proposed class of Minnesota consumers who allegedly had their cars illegally repossessed during a five-year period.

  • August 10, 2018

    Travel Agency Hit With TCPA Class Action Over Cuba Texts

    An online travel agency that arranges trips to Cuba got slapped with a proposed class action in Florida federal court on Thursday for allegedly violating the Telephone Consumer Protection Act, with the lead plaintiff claiming he received an illegal telemarketing text message via an automatic telephone dialing system.

  • August 10, 2018

    Rising Star: Labaton Sucharow's Corban Rhodes

    Corban Rhodes of Labaton Sucharow LLP has fought Facebook in a landmark challenge to its facial recognition software and worked on the team that brought more than 70 suits on behalf of investors against banking giants like Bank of America and Goldman Sachs, making him one of five consumer protection attorneys under 40 selected as Law360 Rising Stars.

  • August 9, 2018

    Ga. Judge Probing 'Realities' Of Axing Electronic Ballots

    A Georgia federal judge tasked with deciding whether to replace the state's allegedly insecure and unreliable electronic voting system with paper ballots has asked both sides to weigh in during the coming weeks on the "practical realities" of the request, expressing concern with the potential difficulties of implementing the change before the November general elections. 

  • August 9, 2018

    Mass. AG Launches Probe Into LendingClub’s Ad Practices

    LendingClub Corp. said in a regulatory filing Wednesday that the Massachusetts attorney general is investigating the San Francisco-based peer-to-peer lending company's advertising and disclosure practices to consumers in that state.

  • August 9, 2018

    Ex-IRS Worker Cops To Identity Theft In Refund Scheme

    A former Internal Revenue Service employee on Thursday admitted to stealing a taxpayer’s identity as part of a yearlong tax refund fraud scheme in which prosecutors alleged she used information available to her as an IRS contact representative to file false returns in the name of other taxpayers and deposit the refunds in friends’ accounts.

  • August 9, 2018

    'Smart Cities' Can Be Easily Hacked, Researchers Warn

    Hackers could remotely mount "supervillain-level" attacks on so-called smart cities — which use digital systems to coordinate city resources — by exploiting a series of basic security flaws, researchers warned at a cybersecurity conference on Thursday.

  • August 9, 2018

    Airline Passengers Win Class Cert. In Price-Fixing Suit

    A California federal judge certified two classes of All Nippon Airways passengers in multidistrict litigation alleging that major airlines conspired to fix the prices of long-distance trans-Pacific flights.

  • August 9, 2018

    Nissan Pushes To Arbitrate Driver's Claims In Sunroof Suit

    Nissan North America Inc. asked a California federal judge on Wednesday to compel individual arbitration for one of the named plaintiffs in a putative class action alleging the carmaker sold vehicles with defective panoramic sunroofs, saying she signed a broad arbitration agreement when she purchased her vehicle.

  • August 9, 2018

    FCC's O'Rielly Slams UN Telecom Regulator For Overreach

    Federal Communications Commissioner Michael O'Rielly torched a United Nations telecom agency that he says has strayed too far afield from its primary mission and suffers from structural and leadership problems.

  • August 9, 2018

    Rising Star: Holland & Knight's Anthony Palermo

    Anthony Palermo of Holland & Knight LLP fought off a federal class action against a Florida-based surgery center in the wake of a data breach and provided pro bono legal advice to victims of Hurricane Irma, helping make him one of five consumer protection attorneys under 40 honored by Law360 as Rising Stars.

  • August 8, 2018

    Google, Microsoft Reveal Rare Collab Over Massive Chip Flaw

    Security researchers from Google and Microsoft on Wednesday revealed that they had an unusual ally — each other  —  as they raced to devise patches to fight the "Spectre" and "Meltdown" security bugs that exposed nearly every computer chip in the world to hackers.

  • August 8, 2018

    Borrowers Balk At Bid To Pause Suit Against Tribal Lender

    A proposed class of Virginia residents alleging that an online lending company worked to use its connection to a Michigan tribe to protect itself against accusations it charged unduly high loan interest rates said a Virginia federal court should refuse one defendant’s request to halt the case while other defendants push an appeal.

  • August 8, 2018

    Colo. HVAC Co. Hit With $1.7M Verdict Over Lack Of Permits

    A Colorado jury has rendered a $1.7 million verdict against Mile High Heating & Cooling, its owner and its manager after finding the company installed approximately 1,000 furnaces without obtaining building permits, the state attorney general said Wednesday.

  • August 8, 2018

    Mike And Ike Candymaker Escapes Cert. In Slack-Fill Suit

    A Missouri federal court rejected class certification for a slack-fill suit alleging that the maker of Mike and Ike and Hot Tamales candies unjustly enriches itself by underfilling its product boxes, ruling that the named plaintiff doesn't fit within the class definitions of his suit.

  • August 8, 2018

    Equinox Accused Of Ignoring Steam Room Sex Assault

    Equinox was hit with a New York state court suit Tuesday accusing the luxury fitness company of turning a blind eye to a pervasive sexual atmosphere in its men’s steam rooms, leading to a gym member being sexually assaulted at a Manhattan location.

  • August 8, 2018

    Online Tribal Lenders Hit With Va. Proposed Class Action

    Two online lenders have been hit with a proposed class action from Virginia consumers alleging a scheme in which the tribally linked lenders were used as a front to avoid state usury laws.

  • August 8, 2018

    CFPB, Payday Groups Again Denied Stay Of Payday Rule

    A Texas federal judge has again turned down a request from the Consumer Financial Protection Bureau and two payday lender trade groups to stay the August 2019 compliance date of the agency’s so-called payday rule, which puts restrictions on payday and other small-dollar lenders.

  • August 8, 2018

    Junk Fax Class Certified In North American Bancard Suit

    An Illinois federal judge certified a class of fax recipients who say they got unsolicited transmissions from credit card services company North American Bancard on Tuesday, calling the company’s claims it has evidence of consent “little more than red herrings.”

  • August 8, 2018

    Jenny Craig To Settle TCPA Claims Over Texts For $3M

    Jenny Craig Inc. will shell out $3 million to end a putative class action alleging the weight-loss company sent out unwanted text messages in violation of the Telephone Consumer Protection Act, according to a filing in Florida federal court.

Expert Analysis

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • California’s Consumer Privacy Act Vs. GDPR

    Grant Davis-Denny

    While the drafters of the California Consumer Privacy Act looked to Europe’s General Data Protection Regulation as a model, they did not parrot the GDPR’s language, adopt all of its requirements or limit themselves to the GDPR’s provisions. There are some key similarities and differences to keep in mind, says Grant Davis-Denny of Munger Tolles & Olson LLP.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • To Ease Pain Of Breach Notification Laws, Protect Passwords

    Jason Wool

    Arizona just became the latest state to require notification for breaches of online credentials, and more jurisdictions are likely to follow. Organizations should take this opportunity to minimize the likelihood of password-related incidents that could give rise to breach notification obligations, says Jason Wool of ZwillGen PLLC.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.