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Consumer Protection

  • November 13, 2018

    Airbnb Sues Boston Over 'Draconian' Short-Term Rental Regs

    Airbnb Inc. hit the city of Boston with a federal lawsuit Tuesday over its recently passed regulations on short-term rentals, saying the new rules run afoul of state and federal law and would require the online rental marketplace to dramatically alter its business model or else risk the city’s “draconian” sanctions.

  • November 13, 2018

    Justices To Consider FCC Deference In Junk Fax Case

    The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    Equifax, Oracle Accused Of Flouting GDPR Data Use Rules

    A British advocacy group is urging European privacy regulators to investigate Equifax, Oracle, Acxiom and several other data brokers and ad-tech companies for allegedly exploiting millions of people's personal data in violation of the bloc's stringent General Data Protection Regulation. 

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Feds Get Privacy Law Input From Industry, Consumer Groups

    Comments poured in Friday at the Trump administration's deadline for weighing in on the Commerce Department's privacy regime, with trade groups calling for uniform standards and consumer advocates pushing for a baseline federal privacy law.

  • November 9, 2018

    Justices Urged To Review Checked-Bag Fee Collusion Claims

    A group of airline passengers has urged the U.S. Supreme Court to review claims that Delta Air Lines Inc. and AirTran Airways Inc. colluded to tack on fees for first-checked bags, after the allegations were rejected by the Eleventh Circuit.

  • November 9, 2018

    Uber Fined $750K Over Response To DUI Driver Complaints

    Uber Technologies Inc. was fined $750,000 by the California Public Utilities Commission on Thursday because the ride-hailing giant failed to investigate or promptly suspend drivers suspected of driving under the influence.

  • November 9, 2018

    Schwab Wants ERISA Claims Over 401(k) Plan Nixed Again

    Charles Schwab & Co. Inc. told a California federal judge that the participant leading a proposed Employee Retirement Income Security Act class action against the company failed to remedy deficiencies in his breach of fiduciary and monitoring duty allegations, urging the judge to again toss the claims.

  • November 9, 2018

    Timeshare Owners Hit Marriott With Sanctions Bid

    Timeshare owners have asked a Florida federal court to sanction Marriott Ownership Resorts Inc. in a proposed class action claiming the timeshare company and its insurer duped them into invalid real estate deals with Orange County's help, saying it intentionally withheld "massive amounts" of documents during discovery.

  • November 9, 2018

    FCC Aims For Deference To Net Neutrality Order, GC Says

    The Federal Communications Commission is interested in keeping its net neutrality deregulation order on the books as it navigates D.C. Circuit challenges to the regime, but it’s not necessarily seeking a broader ruling that its approach is the only permissible way to classify broadband, the agency's general counsel told a Washington, D.C., audience Friday.

  • November 9, 2018

    Sens. Seek White House Backing For Pay-For-Delay Drug Bill

    Sens. Amy Klobuchar, D-Minn., and Chuck Grassley, R-Iowa, pointed to President Donald Trump’s criticism of high drug prices to ask for White House support for their latest version of a bill aimed at outlawing most so-called pay-for-delay deals between brand drugmakers and their would-be generic competitors.

  • November 9, 2018

    Hyundai Failed To Honor Sonata Warranties, Drivers Say

    Hyundai is refusing to honor the limited warranty for certain Sonata vehicles by wrongly asserting proof of regular maintenance is necessary for repairs, according to a putative class action lawsuit filed in South Carolina federal court.

  • November 9, 2018

    Homeopathic Co. Beats Consumer's Sugar Pill Claims

    A three-judge panel in the Ninth Circuit has sided with Boiron Inc., affirming its victory in a suit brought by buyers who claimed the company’s homeopathic pills did not provide relief for flu symptoms and that the company falsely advertised the pills’ capabilities.

  • November 9, 2018

    Dozens Of NJ Cos. Accused Of Unlawful Immigration Services

    More than two dozen tax preparers, travel agencies and other businesses in New Jersey have been slammed with notices of violation seeking more than $300,000 in civil penalties over claims they defrauded consumers by offering immigration assistance services they were not authorized to provide, authorities said Friday.

  • November 9, 2018

    Looming GDPR Fines To Spark Insurance Coverage Fights

    Cyber policies are increasingly incorporating coverage for the hefty fines and liabilities that are likely to arise from the European Union's General Data Protection Regulation, but legal and regulatory pronouncements in vital jurisdictions may stymie these efforts and open the door for unprecedented coverage battles, experts say. 

  • November 8, 2018

    MoneyGram To Pay $125M For Breach Of Anti-Fraud Pacts

    MoneyGram International Inc. will pay $125 million after breaching its agreements with government agencies in Pennsylvania and Illinois federal courts following claims that its agents ran international mass marketing and consumer fraud schemes, the U.S. Department of Justice said Thursday.

  • November 8, 2018

    Atty Left MoneyGram Files In Stolen Hummer, Co.'s Suit Says

    A lawyer whom MoneyGram International Inc. hired to collect third-party debts breached his duty to protect client data by leaving sensitive documents unattended in a “tricked-out Hummer” that was stolen from a hotel parking lot, according to a suit filed in New Mexico federal court Wednesday.

  • November 8, 2018

    Rep. Waters Eyes House Financial Services Priorities

    Rep. Maxine Waters, D-Calif., laid out some of her plans for the House Financial Services Committee if she’s selected to chair it, saying that she’d focus on issues like consumer protection and financial innovation while also getting tough on oversight of the White House and regulatory agencies.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • How New Calif. Law Will Impact Device Cybersecurity

    Laura Stefani

    A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Bots About It: California's Crackdown On Chatbots

    Anthony Ascombe

    Last month, California Gov. Jerry Brown signed a law restricting the use of automated online “bot” accounts. The law was drafted in part to help prevent election interference through the propagation of fake news, but it will also impact businesses that use bots to communicate with customers, say attorneys at Steptoe & Johnson LLP.

  • How GDPR Affects Targeted Marketing

    Christian Auty

    It's not very surprising that the first enforcement action under the European Union’s General Data Protection Regulation was directed at a North American advertiser. The GDPR is a global law, and advertisers and social networks, wherever they are located, will be among the early targets, says Christian Auty of Much Shelist PC.

  • How FTC Is Stepping Up Its Consumer Protection Efforts

    Jonice Gray Tucker

    The Federal Trade Commission, which once dominated the playing field on many consumer protection issues, appears poised to reclaim a more active role in connection with financial products and services, say attorneys with Buckley Sandler LLP.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.