Consumer Protection

  • February 2, 2018

    Uber's Data Drama Puts 'Bug Bounties' In The Spotlight

    Uber’s $100,000 payoff to hackers who reportedly revealed a security flaw but then demanded increased payment to release stolen data has spawned regulatory backlash that may force companies to re-evaluate how they can employ so-called "bug bounty" programs without running afoul of the law.

  • February 2, 2018

    Judge OKs $1M Deal In Zurich, Flooring Co. Coverage Row

    A Florida judge signed off Thursday on a $1 million deal to end a dispute over Zurich American’s attempt to dodge coverage of a now-bankrupt flooring business' $2.1 million class action judgment for sending unsolicited faxes.

  • February 2, 2018

    Credit Union’s Challenge To Trump’s CFPB Pick Tossed

    A federal judge on Thursday said a New York-based credit union is not in a position to challenge President Donald Trump’s selection of Office of Management and Budget Director Mick Mulvaney to serve as the Consumer Financial Protection Bureau’s acting director.

  • February 2, 2018

    Bumble Bee To Repackage Salmon To End Labeling Row

    Bumble Bee Foods LLC on Thursday agreed in California federal court to repackage its canned salmon to end a proposed class action accusing the company of misrepresenting that the salmon was smoked and wild-caught rather than farmed and made with added liquid smoke flavor.

  • February 2, 2018

    Kirkland's Gets Consumer Privacy Suit Put On Hold

    A Pennsylvania federal judge has approved a Kirkland’s Inc. motion to pause a proposed data privacy consumer class action against the home decor chain until a similar matter is decided by the Third Circuit.

  • February 1, 2018

    Sex Toy Maker Secretly Collects Use Data, Suit Claims

    A Hong Kong-based “sextech” company selling a wireless wearable vibrator uses a mobile application that secretly stores data about the user, including the times when the device is activated and the vibration settings selected, according to a putative class action filed in California federal court Wednesday.

  • February 1, 2018

    House Dems Want Answers From Strava On Privacy Issues

    A group of congressional Democrats sent a letter Wednesday to Strava Inc., the embattled fitness tracking app developer whose usage map may have revealed secret information about military and intelligence bases, asking the company to explain its privacy practices.

  • February 1, 2018

    Gymgoers Say They're Being Cheated On 'All Access' Passes

    The parent company behind regional gyms New York Sports Clubs, Boston Sports Clubs, Washington Sports Clubs and Philadelphia Sports Clubs got hit Thursday in New York state court with a proposed class action claiming it deceives consumers by denying “all access” pass members the use of its so-called elite gyms.

  • February 1, 2018

    Counties' VW Diesel Suits Could Spur Copycats, Judge Says

    A California federal judge expressed concerns at a San Francisco hearing Thursday that if he allows two counties in Florida and Utah to proceed with their litigation over Volkswagen AG’s “clean diesel” emissions scandal, it could set off thousands of copycat suits from counties across the country.

  • February 1, 2018

    Judge Trims Suit Claiming Lenders 'Rented' Banks & Tribes

    A group of lenders accused of “renting” banks and Native American tribes to facilitate an alleged payday loan scheme targeting Pennsylvania residents will face most of the state’s claims against them, a federal judge said Wednesday.

  • February 1, 2018

    CFPB May Be Moving Away From Using In-House Courts

    The Consumer Financial Protection Bureau's Wednesday request for information from business and other groups about the bureau's in-house courts may be an indication that it is aiming to move away from hearing contested cases through administrative procedures, experts say.

  • February 1, 2018

    Apple Consumer Asks To Drop Appeal Over Used IPhones

    A customer who claimed Apple Inc. hid that damaged iPhones covered by service plans are replaced with used phones told the Ninth Circuit on Thursday that she has agreed to end her suit against the tech giant.

  • February 1, 2018

    Amazon Fights Cert. Bid In Background Check Suit

    Amazon.com urged a Florida federal judge on Wednesday to deny certification to a proposed class of job applicants who claim the e-commerce giant performed consumer background checks on them without following strict legal requirements.

  • February 1, 2018

    Barnes & Noble Gets User Privacy Row Sent To Arbitration

    A New York federal judge ruled Wednesday that a woman leading a proposed class action against Barnes & Noble must arbitrate her claims that the bookseller improperly shared her information with Facebook Inc., saying there was clearly an arbitration agreement in place.

  • February 1, 2018

    Naked Juice Says ‘No Sugar’ Labels Pass FDA Muster

    Naked Juice sought quick wins in a pair of suits claiming its “No Sugar Added” labels on coconut water and orange juice are misleading and deceptive, arguing in California court Thursday that the U.S. Food and Drug Administration has cleared the slogan's use on such products.

  • February 1, 2018

    Mulvaney Cuts CFPB Fair Lending Office's Enforcement Power

    Consumer Financial Protection Bureau Acting Director Mick Mulvaney said Tuesday that a key agency office tasked with policing lenders for compliance with anti-discrimination laws will lose its enforcement duties and be brought under the purview of his office, a move that is sparking criticism from consumer advocacy and civil rights groups.

  • February 1, 2018

    All MLB Ballparks To Have Expanded Netting In 2018

    Major League Baseball on Thursday said all 30 of its clubs will have extended safety netting behind home plate at their ballparks this season, aiming to provide greater protection from bats and balls in response to growing concerns over fan safety.

  • February 1, 2018

    Ahdoot & Wolfson Atty Asks To Lead Equifax Breach MDL

    The Ahdoot & Wolfson PC attorney who is lead counsel for consumers suing Experian over a data breach has asked a Georgia federal court to let her represent the class in the separate, centralized Equifax data breach litigation, saying she’s fought — and won — favorable results for consumers in a number of high-profile cases.

  • January 31, 2018

    False Ad Suit Against DeVry Should Be Axed, Directors Say

    Directors of Adtalem Global Education Inc., formerly known as DeVry University Group, pushed the Delaware Chancery Court on Wednesday to throw out a shareholder derivative lawsuit claiming the board was responsible for alleged deceptive advertising that prompted a $100 million settlement with the Federal Trade Commission.

  • January 31, 2018

    FTC’s New Antitrust Tilt To Narrow Its Privacy Focus

    The Federal Trade Commission is likely to continue to dominate as the nation's top privacy and data security enforcer even after a new slate of commissioners with primarily antitrust backgrounds is confirmed, but the new leaders may be more selective in the types of consumer harms they choose to pursue, attorneys say.

Expert Analysis

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • 10 EU Telecom Regulatory Developments To Watch In 2018

    Francesco Liberatore

    This could be a watershed year for the telecommunications industry. Some developments in 2018 are so significant that they are likely to change the digital landscape, both in Europe and across the world, for years to come, say Francesco Liberatore and Matthew Buckwell of Squire Patton Boggs LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • CPSC Final Rule Could Presage Further Phthalate Bans

    Sarah Schiferl

    The U.S. Consumer Product Safety Commission recently issued a final rule prohibiting the manufacture, import and sale of toys and child care products containing five phthalate chemicals. The rule may foreshadow bans on phthalates in other products and industries, from cosmetics to food packaging, say Sarah Schiferl and Amy Rubenstein of Schiff Hardin LLP.

  • The Other Cyberthreat: Business Email Compromise Schemes

    David Chaiken

    Each new public revelation of a large-scale computer-based data breach generates considerable attention. However, the obsessive focus does a disservice to businesses and consumers because business email compromise schemes are an equally or even more pervasive and damaging cyberthreat, say David Chaiken and Brea Croteau of Troutman Sanders LLP, and Mark Ray of Nardello & Co.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Reporting Requirement Alone Survives Net Neutrality Repeal

    Marc Martin

    In repealing net neutrality rules, the Federal Communications Commission has left one legacy rule requiring broadband internet access service providers to disclose their network management practices. With this, the FCC may have provided the means by which a record may be developed to show BIAS providers' use of previously prohibited practices, say Marc Martin and Michael Sherling of Perkins Coie LLP.

  • Net Neutrality Rollback Raises Significant Questions

    Lauren Coppola

    The Restoring Internet Freedom order leaves much to be desired in terms of clarity, particularly in presenting sound legal principles that govern claims against internet service providers. No question is more important than who is going to protect businesses and consumers, says Lauren Coppola of Partridge Snow & Hahn LLP.