Consumer Protection

  • February 13, 2018

    Passenger Claims Southwest Booted Him For Speaking Arabic

    A California man hit Southwest Airlines Co. with a civil rights suit in federal court Tuesday claiming that he was removed from a flight for speaking Arabic, even though he wasn't doing anything wrong.

  • February 13, 2018

    Consumer Drops $5M Robocall Suit Against Timeshare Co.

    The lead plaintiff in a proposed class action accusing timeshare company Marriott Vacation Club of violating the Telephone Consumer Protection Act by making unsolicited robocalls to her cellphone dropped her $5 million lawsuit against the company Tuesday in California federal court.

  • February 13, 2018

    Dental Supply Co. Hits Back At FTC Antitrust Allegations

    One of the nation’s largest dental supply companies on Tuesday shot back at the Federal Trade Commission’s allegations it conspired to refuse discounts to buying groups for small dental practitioners, saying it has long done a robust business with the buying groups and never entered into an agreement to refuse to sell to them.

  • February 13, 2018

    Gerber Buyers Denied Cert. In Baby Food False Ad Suit

    A California federal judge on Tuesday declined for a second time to certify a class of consumers accusing Gerber Products Co. of misbranding baby food, saying the company already changed the disputed labels and the proposed damages models are flawed.

  • February 13, 2018

    McDonald's Hit With ADA Class Action Over Drive-Thru Hours

    Fast-food giant McDonald's was hit with a putative class action in Illinois federal court Tuesday from a customer who claims her and other visually impaired people's inability to access McDonald's during drive-thru-only hours is a violation of the Americans with Disabilities Act.

  • February 13, 2018

    Verizon Users Can't Sustain 'Supercookies' Suit, Court Told

    Online marketer Turn Inc. on Monday previewed its latest strategy for shaking a recently resurrected putative class action claiming it secretly tracked Verizon subscribers with "supercookies," telling a California federal court that the plaintiffs have failed to allege a concrete injury and had authorized the disputed data collection.

  • February 13, 2018

    Ramen Cos. Seek To Decertify Buyers In Price-Fixing Row

    A pair of Korean ramen noodle companies asked a California federal judge Tuesday to decertify an indirect-purchaser class of noodle buyers from six states in a price-fixing action against the companies, arguing that a recent Ninth Circuit ruling raises the bar on certification of multistate classes.

  • February 13, 2018

    3 Online Policy Areas That Need Some Valentine's Day Love

    As social media changes the way we look for love, news and inspiration, it’s also offering scammers and advertisers new platforms to take advantage of consumers. Here, Law360 looks at three online policy areas that could use some extra love this year.

  • February 13, 2018

    TCPA Consumers Regain Cert. After 7th Circ. Rejection

    An Illinois federal judge Monday recertified a class of consumers who claim they received unwanted calls from a telemarketing company after the Seventh Circuit rejected a previous judge’s certification, saying the class representative had met her burden of proof.

  • February 13, 2018

    Temple Faces Class Action Over Inflated Online MBA Ranking

    A student in Temple University’s online MBA program lobbed putative class claims on Monday accusing the school of knowingly submitting false data to U.S. News & World Report to boost the program’s ranking by the publication.

  • February 13, 2018

    What Hospitals Need To Know Before Forming A Drug Co.

    A group of hospital systems recently decided to address rising prices and shortages of generic medications by forming a nonprofit drug company, but industry attorneys warn that land mines like unfamiliar regulations and fraud concerns could trip the members up as they execute this novel plan.

  • February 13, 2018

    Montana Robocall Ban Survives 1st Amendment Challenge

    A Montana federal judge denied a political consulting firm’s constitutional challenge to the state’s anti-campaign robocall law, saying although the legislation is a content-based regulation of speech, it serves a compelling governmental interest and is sufficiently narrowly tailored to survive strict scrutiny.

  • February 13, 2018

    Lead Attys Appointed In Equifax Data Breach MDL

    A Georgia federal judge on Monday tapped attorneys from several firms to serve as co-lead counsel for consumers and financial institution plaintiffs in the multidistrict litigation stemming from the massive Equifax data breach.

  • February 13, 2018

    Mulvaney Tells Sens. He Had Say In Axing Payday Lender Suit

    Mick Mulvaney, director of the White House Office of Management and Budget, on Tuesday confirmed he took part in the decision to drop a lawsuit against a payday lender, despite his spokesman initially stating the decision was made by career staff at the Consumer Financial Protection Bureau.

  • February 13, 2018

    Dykema Nabs Ex-Sedgwick Cyber Co-Chair For Chicago Office

    Dykema Gossett PLLC has added the former co-chair of Sedgwick LLP’s cybersecurity and privacy practice, who specializes in data privacy regulatory compliance and breach response, to its global data privacy group.

  • February 12, 2018

    Mich. Is Unlawfully Storing Newborns' Blood, Suit Says

    A group of Michigan parents has sued the state's Health Department in federal court over the collection and indefinite retention of blood samples taken from their children as newborns, alleging that the long-standing practice is being done without parents' knowledge or consent and violates their babies' constitutional rights.

  • February 12, 2018

    FTC Hits Top 3 Dental Supply Cos. With Antitrust Suit

    The U.S. Federal Trade Commission has accused the nation’s three largest dental supply companies of conspiring to refuse to provide discounts to buying groups representing small dental practitioners in violation of antitrust laws, according to an announcement Monday.

  • February 12, 2018

    Cybersecurity Gets Boost In Trump's 2019 Budget Proposal

    The Trump administration on Monday released a budget proposal for the 2019 fiscal year that calls for increased spending on cybersecurity efforts across the federal government, including the allocation of $8 billion to boost initiatives at the U.S. Department of Defense and $1 billion to help improve cyberthreat information-sharing between the public and private sectors. 

  • February 12, 2018

    German Court Finds Facebook Privacy Settings Illegal

    Facebook’s failure to obtain users’ informed consent before collecting their data was illegal, a German court has said, as European authorities continue to scrutinize how tech companies use massive troves of data to send consumers targeted advertisements.

  • February 12, 2018

    US Antitrust Enforcers Look To Keep Budgets, Staff Level

    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission on Monday asked for their budgets to remain mostly level in fiscal year 2019 and called for staffing levels to stay the same as well.

Expert Analysis

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.

  • CFTC Reasserts Its Role In Virtual Currency Regulation

    Christopher Conniff

    Virtual currency market participants should be mindful of the U.S. Commodity Futures Trading Commission, which announced three enforcement actions in the past week. The CFTC is arguably better positioned to fight virtual currency fraud than the U.S. Securities and Exchange Commission, say attorneys with Ropes & Gray LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Will CFPB Adopt A More Nuanced Approach To Remedies?

    Ori Lev

    The Consumer Financial Protection Bureau's recent loss in CFPB v. CashCall suggests that parties willing to litigate against the agency may achieve success even if they lose on the merits, as courts appear reluctant to award the robust remedies the CFPB typically demands, says Ori Lev of Mayer Brown LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • Toxicology In The 21st Century: 5 Tips For Litigators

    Giovanni Ciavarra

    New research methods are uncovering fresh data about chemical toxicity at a rapid rate, which may catch manufacturers and consumers off guard. The challenge for attorneys is to understand whether and how the science supports their position, and to make a comprehensible and compelling case to judges and juries, say Giovanni Ciavarra and Crista Trippodi Murphy of Innovative Science Solutions.

  • The Possible Pitfalls Of A Text Messaging Ad Campaign

    Jarrod Shaw

    Telephone Consumer Protection Act lawsuits increased 17.6 percent last year from October to November, and of the 348 TCPA lawsuits filed in November, 20.1 percent were class actions. Businesses can avoid becoming part of these statistics by following the guidance courts have handed down, say Jarrod Shaw and Elizabeth Thomas of McGuireWoods LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 5 Things Advertisers Learned From NAD Last Year

    Linda Goldstein

    The National Advertising Division had a busy 2017. The investigative unit of the advertising industry’s system of self-regulation issued almost 80 case reports last year, covering a wide range of advertising and marketing issues, say Linda Goldstein and La Toya Sutton of BakerHostetler.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.