Consumer Protection

  • March 13, 2018

    Amazon Settles With Job Applicants Over Background Checks job applicants told a Florida federal judge Tuesday that they had settled their claims against the e-commerce giant over consumer background checks they said were performed without following strict legal requirements.

  • March 13, 2018

    Mortgage Servicer Stuck With $8M Penalty In CFPB Suit

    A California federal judge on Monday stood by his judgment for the Consumer Financial Protection Bureau in its suit alleging a mortgage services company and its founder misleadingly marketed a mortgage payment program, swatting down their post-trial bids to get out from under a $7.93 million penalty and an injunction.

  • March 13, 2018

    10th Circ. Sides With DOL In Row Over New Fiduciary Rule

    A Tenth Circuit panel Tuesday affirmed a decision upholding the U.S. Department of Labor's new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, agreeing with the lower court that the rule’s critics were given an opportunity to comment on it.

  • March 13, 2018

    260K Amazon Power Banks Recalled Over Fire, Burn Risks

    Amazon is recalling 260,000 AmazonBasics power banks after receiving dozens of reports that they can overheat and cause fires and chemical burns, the U.S. Consumer Product Safety Commission announced Tuesday.

  • March 13, 2018

    Pomerantz, Rosen Law Seek Top Spots In Intel Stock Row

    Two Intel Corp. investors asked a California federal judge Monday to appoint Pomerantz LLP and The Rosen Law Firm PA as co-lead counsel in their stock-drop putative class action against the chipmaker over two previously unreported security flaws, dubbed Spectre and Meltdown.

  • March 13, 2018

    Consumers, Wine Seller Amend Contested Deal In Pricing Row

    Consumers and online wine purveyor Wines ‘Til Sold Out floated a revised settlement Monday that will see shoppers receive credits toward future purchases to resolve a New Jersey federal court action alleging misleading price advertising after their original class action deal spurred backlash from the federal government, state attorneys general and others.

  • March 13, 2018

    Online Auto Seller's Texts Don't Violate TCPA, Judge Says

    Online vehicle retailer CarGurus Inc. did not send unsolicited text messages to cellphone users in violation of the Telephone Consumer Protection Act, an Illinois federal judge ruled Monday, ruling in favor of CarGurus and against a putative class of consumers.

  • March 13, 2018

    Harley-Davidson Dealership Hit With TCPA Class Action

    A Harley-Davidson dealership has been hit with a proposed class action in Tennessee federal court accusing it of making repeated unsolicited calls to an individual on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • March 13, 2018

    AMD's New Chips Vulnerable To Hackers, Researchers Say

    Cybersecurity researchers warned Tuesday that malicious hackers could exploit Advanced Micro Devices Inc.’s latest lines of computer processors, following the discovery late last year that the Spectre and Meltdown vulnerabilities exposed nearly every computer chip to hacking.

  • March 13, 2018

    Hertz Can Arbitrate Renter's Suit Over Unpaid Toll Fees

    A California federal judge on Monday sent to arbitration a putative class action alleging Hertz failed to tell car renters about transponders that didn’t work properly on all toll roads so the company could unlawfully charge an administrative fee for unpaid tolls, saying the rental agreements had arbitration provisions.

  • March 13, 2018

    New Balance 'Made In USA' Suit Halted Pending Settlement

    A California federal judge on Tuesday halted a proposed class action alleging New Balance Athletics Inc. falsely labels its shoes as “Made in the USA,” after the parties said they had reached a settlement that will be filed in early April.

  • March 13, 2018

    'Rent-A-Tribe' Businessman Can't Get Out Of Usury Suit

    A Virginia federal judge on Monday refused to toss a suit against a central player in an alleged “rent-a-tribe scheme” involving an online lending company accused of charging illegally high interest rates on loans while shielding itself from suit by a Michigan tribe’s sovereign immunity.

  • March 13, 2018

    Ticket Holder Wants Rams Sanctioned Over COO's Deposition

    A former season ticket holder suing the NFL's Los Angeles Rams over the team's move urged a Missouri federal judge on Monday to sanction the team for having its uninformed chief operating officer sit for a deposition about a notice that the team could not process any more personal seat license transfers.

  • March 13, 2018

    Cigna Must Face RICO Claims In Insured Price Suit

    A Connecticut federal judge on Monday kept intact the bulk of a putative class action alleging Cigna Health and Life Insurance Co. and others improperly pumped up the price of prescription drugs without informing customers, refusing to dismiss Racketeer Influenced and Corrupt Organizations Act claims against the insurer.

  • March 13, 2018

    Ford Closes Door On Some Driver Claims In Faulty Latch Suit

    A California federal judge on Monday jettisoned some claims in a consumer class action alleging some Ford vehicles were sold with defective door latches that caused sensors to malfunction, finding drivers fell short of proving the automaker violated certain state consumer protection laws and breached warranty agreements by only creating a temporary fix.

  • March 13, 2018

    9th Circ. Clears Starbucks In Underfilled Iced Drink Suit

    The Ninth Circuit affirmed Monday the dismissal of a proposed class action claiming Starbucks Corp. tricks iced-drink buyers by underfilling cups with actual liquid, saying no reasonable consumer would think that a 12-ounce iced drink contains only coffee or tea.

  • March 13, 2018

    Geragos Firm To Lead Class In Consolidated Fyre Fest Suits

    A New York federal judge overseeing five suits against the backers of Fyre Festival, a proposed music festival in the Bahamas that was cancelled at the last minute, consolidated the cases Tuesday and appointed Geragos & Geragos APC to lead the class action.

  • March 12, 2018

    Syngenta Agrees To Pay $1.5B To End Corn GMO Class Claims

    Syngenta AG has agreed to a $1.51 billion settlement in the nationwide class action over its genetically modified corn seed, with classes of farmers in all but four of the sprawling multidistrict litigation’s cases asking a Kansas federal judge for preliminary approval Monday.

  • March 12, 2018

    Starbucks Wins Partial Dismissal Of Chemical-Coffee Suit

    An Idaho federal judge on Monday partially granted Starbucks Corp.’s motion to dismiss a suit by an Idaho customer who says he ordered coffee and instead got a cleaning chemical that caused months’ worth of internal damage, but gave the man two weeks to try again on certain claims.

  • March 12, 2018

    $560M Powerball Winner Can Remain Anonymous

    The woman who won a $560 million Powerball jackpot in January can remain unnamed, a New Hampshire state judge ruled Monday, partially granting “Jane Doe’s” request for privacy while citing the harassment lottery winners sometimes face.

Expert Analysis

  • Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

    Alexandra Laks

    In Victor v. Bigelow and Khasin v. Bigelow, the Ninth Circuit recently found that injunctive standing in the misbranding context is limited and requires a current intent to purchase challenged products in the future. Whether a plaintiff has standing to pursue an injunction may depend on the plaintiff’s deposition testimony, say Alexandra Laks and Lucia Roibal of Morrison & Foerster LLP.

  • The FTC’s Quest For Better Influencer Disclosures

    Julie O’Neill

    Given the repetition of the Federal Trade Commission's message concerning its endorsement guides, it's apparent that the agency believes it is still not being heard. Julie O’Neill and Adam Fleisher of Morrison & Foerster LLP recount how the FTC has gotten to where it is today and, thus, why it might be heading for a celebrity enforcement action next.

  • Website Accessibility Suits Highlight Need For DOJ Rule

    David Baris

    Financial institutions are the latest target of website accessibility suits under the Americans with Disabilities Act, with New York and Florida seeing a significant uptick in such litigation this year. These cases are not easily dismissed, and compliance risk remains high in the absence of a clear standard from the U.S. Department of Justice, say David Baris and Lori Sommerfield of Buckley Sandler LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.