Consumer Protection

  • 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

    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.

  • November 30, 2017

    Hanover Pushes Back On Liquor Chain's 5th Circ. Revival Bid

    Hanover Insurance Co. on Thursday asked the Fifth Circuit to find it does not owe a Texas liquor store chain the costs of a lawsuit against the chain’s credit card processor after two data breaches, arguing all the evidence pointed toward the claim being excluded.

  • November 30, 2017

    6th Circ. Misapplied Atty Fees Precedent, Gym Members Say

    A class of Ohio gym members asked a Sixth Circuit panel Wednesday to reconsider its reversal of a contempt ruling over the fitness chain's inability to pay $2.4 million in attorneys’ fees after a settlement over unfair membership fees, saying the finding was inconsistent with circuit precedent.

  • November 29, 2017

    Wells Fargo Can't Arbitrate $1B Phony Accounts Suit Yet

    A Utah federal judge on Wednesday held off on deciding whether to force arbitration on several dozen of the Wells Fargo account holders behind a proposed class action seeking more than $1 billion in damages from the California-based bank for opening accounts without customer approval.

  • November 29, 2017

    Atty Slams Ocwen Bid To 'Fling Mud' At Him Over TCPA Deal

    Counsel for a class action alleging Florida-based Ocwen Loan Servicing unlawfully autodialed their cellphones urged an Illinois federal court to reject the company’s attempts to "fling mud" at him after it filed a bid for a hearing to determine whether he breached a confidentiality agreement. 

  • November 29, 2017

    High Court Takes Aim At Setting Location Privacy Bar

    Several U.S. Supreme Court justices on Wednesday appeared receptive to requiring more stringent protections for historical cellphone location data than for other business records, in a case that has the potential to have sweeping implications for the government’s ability to access a wide range of sensitive digital information.

Expert Analysis

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Countering Statutes Of Limitations With Equitable Estoppel

    David Newman

    There are only a few situations in which a New York plaintiff can avail itself of the discovery rule to delay the accrual of a cause of action. However, New York does offer parties a way to avail themselves of discovery-rule-like protections — the doctrine of equitable estoppel, say David Newman and Matthew Lippert of Sills Cummis & Gross PC.

  • Opinion

    Arbitration Rule Repeal Will Adversely Affect Consumers

    Gregory Asciolla

    President Donald Trump's decision Wednesday to sign a congressional resolution repealing the Consumer Financial Protection Bureau’s arbitration rule represents a decisive blow to the American public’s access to the justice system, say Gregory Asciolla and Brian Morrison of Labaton Sucharow LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • High Court Gets Ready To Weigh Privacy Vs. Public Safety

    Bob Anderson

    On Nov. 29, the U.S. Supreme Court will hear arguments in Carpenter v. United States — a case that could dramatically affect the future of surveillance, potentially requiring law enforcement to secure a warrant each time it seeks cell tower data and similar types of metadata, says Bob Anderson, leader of Navigant Consulting Inc.'s information security practice.

  • Illinois Case Holds A Warning For Animal Food Cos.

    Carolyn Davis

    The Southern District of Illinois recently greenlighted claims against the manufacturer and distributor of fish feed that allegedly caused the death of a largemouth bass population. Producers and sellers of animal foods should note that their products might be subject to similar legal scrutiny to food intended for human consumption, says Carolyn Davis of Weil Gotshal & Manges LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.