Consumer Protection

  • December 4, 2017

    Food Cos. Can't Flee Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier can't escape a proposed consumer class action accusing them of misrepresenting their squid as octopus in an effort to boost profits, a California federal court ruled Friday as the proposed class amended its initial complaint.

  • December 4, 2017

    ESPN Ruling Further Narrows Video Privacy Law's Reach

    The Ninth Circuit’s recent ruling that ESPN didn't violate the Video Privacy Protection Act by disclosing app users’ data to an analytics company deals yet another blow to plaintiffs’ efforts to expand liability under the statute to cover streaming services and other new technologies, attorneys say.

  • December 4, 2017

    Justices Ask SG To Weigh In On Merck's Fosamax MDL

    The U.S. Supreme Court on Monday asked the solicitor general to weigh in on an attempt to end multidistrict litigation against Merck Sharp & Dohme Corp. over its alleged failure to warn about fracture risks from its osteoporosis drug Fosamax that hinges on a U.S. Food and Drug Administration decision.

  • December 1, 2017

    Fla. ‘Spongebuddy’ Co. Part Of Penny Stock Scam, SEC Says

    The U.S. Securities and Exchange Commission on Thursday hit the operators of a Florida entertainment business with a suit in Florida federal court alleging they used a penny stock scheme to scam mostly elderly investors out of at least $5.4 million to raise money for a product called the Spongebuddy, a sponge-like glove they planned to market.

  • December 1, 2017

    Mass. AG, Medicaid Billing Co. Reach Deal Over Data Breach

    Massachusetts Attorney General Maura Healey has announced a deal with a company that processes Medicaid bills for school districts to resolve allegations that it flouted state consumer protection and data security laws in connection with a breach that put children at risk for identity theft and fraud.

  • December 1, 2017

    Law Firm Challenges CFPB's Constitutionality At 9th Circ.

    A law firm urged the Ninth Circuit on Thursday to free it from having to respond to a subpoena from the Consumer Financial Protection Bureau, arguing that the agency's structure is unconstitutional since it’s headed by a single director who has “vast,” unrestrained power.

  • December 1, 2017

    Insurance Co. Sues To Not Cover Investment Co.'s SEC Probe

    Wesco Insurance Co. sued Yellowstone Partners LLC on Friday in Idaho federal court, seeking a declaratory judgment that it need not provide coverage for a situation in which a self-report of millions of dollars in client overbillings led to an SEC investigation.

  • December 1, 2017

    Warren Demands Probe Of Mulvaney's 30-Day CFPB Freeze

    Sen. Elizabeth Warren, D-Mass., called Thursday for an investigation into Mick Mulvaney’s order halting all new rulemakings, hirings and payments generated from enforcement actions at the Consumer Financial Protection Bureau for 30 days, warning that the agency’s new acting director has effectively ordered a monthlong “shutdown.”

  • 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.

Expert Analysis

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • 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.