Consumer Protection

  • May 16, 2018

    Equifax Faces Pa. Consumer Suit Over Report Accuracy

    Equifax Information Services LLC has been slapped with a proposed consumer class action in Philadelphia, with the credit reporting giant accused of shoddy research practices that can result in tax liens and other judgments staying on consumers’ credit reports even after the liens and judgments have been paid off or dismissed.

  • May 16, 2018

    Construction Industry Can't Ignore Growing Hacking Threats

    The construction industry has yet to join the ranks of sectors that have been smacked by massive data breaches in recent years, but hackers are no doubt eyeing the sensitive employee data and business plans that builders hold, both to launch isolated attacks and to use as gateways to bigger hauls, attorneys say.

  • May 15, 2018

    Class Seeks Quick Win Over Scratch-Off Sweepstakes Mailers

    A class of consumers alleging a scratch-off sweepstakes card deceived them into thinking they had won a prize asked an Illinois federal judge Tuesday for a quick win against HMI Industries, arguing it proved the air filtration company is liable for shoddy business practices under state law.

  • May 15, 2018

    Anheuser's $108B Merger Drained Competition, 9th Circ. Told

    A group of beer drinkers urged the Ninth Circuit during Tuesday arguments to revive their antitrust suit seeking to unwind Anheuser-Busch InBev’s $108 billion merger with SABMiller, arguing that although the deal didn’t increase Anheuser-Busch’s market share, it harmed consumers by cutting the number of major brewers in America from three to two.

  • May 15, 2018

    GoDaddy Texts Weren't Sent Using Autodialer, Judge Says

    GoDaddy.com scored a quick win in a proposed class action alleging Telephone Consumer Protection Act violations stemming from allegedly unauthorized text messages, with an Arizona federal judge citing a recent D.C. Circuit decision addressing the definition of "autodialer" to conclude that such a device wasn’t used here.

  • May 15, 2018

    Judge OKs More Depositions In Fiat Chrysler Stock Drop Suit

    A New York federal judge on Monday partially granted a bid from Fiat Chrysler investors to depose more witnesses and add interrogatories in their suit alleging the automaker hid the existence of emissions control instruments dubbed defeat devices in vehicles in an effort to inflate share prices.

  • May 15, 2018

    FDA Cigar Warnings Don't Violate 1st Amendment, Judge Says

    A D.C. federal judge on Tuesday ruled that required health warnings on cigars don’t violate the First Amendment since they’re aimed at informing the public of health risks in a suit brought by advocacy groups representing smokers and industry against the U.S. Food and Drug Administration. 

  • May 15, 2018

    Under Armour Hit With Suit Over MyFitnessPal Data Breach

    Under Armour Inc. is facing a putative class action in California federal court by a user of its MyFitnessPal food and nutrition app claiming the company is liable for the theft of personal information from her and millions of others in a data breach earlier this year.

  • May 15, 2018

    IBM Urges Congress Not To Adopt GDPR-Style Privacy Law

    More than 100 IBM executives have a clear message for Congress on data privacy as they meet with lawmakers on Capitol Hill this week: The U.S. should not pass its own version of the European Union's General Data Protection Regulation.

  • May 15, 2018

    Toyota Unit Gets Early Exit From DOJ Fair Lending Deal

    Toyota’s auto lending branch said in a filing with the U.S. Securities and Exchange Commission on Tuesday that the U.S. Department of Justice and Consumer Financial Protection Bureau agreed the company has satisfied the requirements for early termination of a consent order reached in 2016 over allegations of unfair lending practices.

  • May 15, 2018

    Enviros Join EPA Fuel Economy Rollback Fight

    Seven environmental and consumer advocacy groups on Tuesday launched the latest in a string of challenges before the D.C. Circuit to the U.S. Environmental Protection Agency's decision to revisit Obama-era greenhouse gas vehicle emission standards.

  • May 15, 2018

    3rd Circ. Already OK'd Lipitor State Claims, Health Plans Say

    The Third Circuit has already cleared a group of health plans that paid for the blockbuster cholesterol medication Lipitor to bring antitrust litigation against Pfizer Inc. and Ranbaxy Inc. based on various state laws, so the drugmakers' bid to dismiss the claims is fruitless, the plans told a New Jersey federal court Monday.

  • May 15, 2018

    6 States Sue Purdue Over Alleged Deceptive Opioid Marketing

    The attorneys general of Texas, Florida, Nevada, North Carolina, North Dakota and Tennessee separately said on Tuesday that they have filed lawsuits against Purdue Pharma LP for its alleged deceptive marketing of prescription painkillers that perpetuated the national opioid crisis.

  • May 15, 2018

    Uber’s Bid To Ditch Assault Claims 'A Costly Sideshow': Judge

    Uber Technologies Inc. on Tuesday lost its bid to trim assault and false imprisonment claims filed by a 16-year-old girl who said the ride-hailing giant negligently hired a lascivious driver who held her in his car against her will, after a San Francisco judge called Uber's motion "a costly sideshow."

  • May 15, 2018

    Net Neutrality Bill Could Hasten Other Reforms, Orgs Say

    Congress must pass net neutrality “compromise” legislation so lawmakers and regulators can move on to more pressing issues of online privacy and misinformation, said advocates of the Federal Communications Commission’s net neutrality deregulation on Tuesday.

  • May 15, 2018

    Ex-Herbalife Sellers Fight Bid To Send $1B RICO Suit To Calif.

    Former distributors for nutrition supplement company Herbalife Ltd. urged a Florida federal court Monday to deny a bid to move their Racketeer Influenced and Corrupt Organizations Act suit, which could result in up to $1 billion in damages, to Central California, arguing Florida is the dispute's “nerve center.”

  • May 15, 2018

    CVS Seeks Exit From Proposed HIV Privacy Class Action

    CVS on Monday sought to exit a proposed class action alleging the health and privacy of HIV/AIDS patients are threatened by a program that requires them to get their specialty medication only at a CVS pharmacy or by mail order, telling a California federal judge the whole complaint was “defective.”

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    FCC Rethinking Autodialer Definition After Court Loss

    The Federal Communications Commission is looking for suggestions as it comes up with a new definition for autodialers that will be banned from making robocalls, after the agency’s previous definition was thrown out by the D.C. Circuit as being too broad.

  • May 15, 2018

    CFTC Says Calif. Forex Trader Scammed Investors

    The U.S. Commodity Futures Trading Commission has accused a California-based foreign currency trader of ripping off investors by acting as an unregistered commodities adviser and running a currency contracts scam, according to a complaint filed in California federal court Monday.

Expert Analysis

  • FDCPA Cases Continue To Define What Congress Did Not

    Ellen Silverman

    The Second Circuit's decision in Taylor v. Financial Recovery Services exemplifies the nuances and often difficult interpretations faced by courts seeking to determine what constitutes an “abusive” practice under the Fair Debt Collection Practices Act, say attorneys with Hinshaw & Culbertson LLP.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • A Survey Of Fla. Fiduciary Duty Breach Claims Against Banks

    Andrew Steif

    Although Florida’s federal and state courts have long held that banks or financial institutions do not owe their customers a fiduciary duty, a large percentage of cases filed by customers contain causes of action for breach of fiduciary duty. Andrew Steif of Holland & Knight LLP reviews the general standard for such claims and surveys the cases decided under it.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.