We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Consumer Protection

  • October 1, 2018

    Ticketmaster, Live Nation In Cahoots With Scalpers: Suit

    Ticketmaster LLC is secretly working with scalpers to “cash in twice” on the event tickets it sells — getting a fee for the original purchase and then another cut on the resale market — a putative class action filed Friday in California federal court alleges.

  • October 1, 2018

    $17.5M Ocwen TCPA Settlement Denied Over Attys' Fees

    An Illinois federal judge has declined to grant final approval to a $17.5 million settlement in multiple Telephone Consumer Protection Act suits against Ocwen Loan Servicing, saying the nearly $5.3 million sought by class counsel is too much for their “relative lack of success.”

  • October 1, 2018

    Puerto Rican Class Wins Cert. In Utility Conspiracy Suit

    Customers suing Puerto Rico’s public power utility for cheating on environmental standards testing and systematically overcharging them were granted class certification on Sunday, after a Puerto Rico federal court found their claims will all hinge on proving the existence of a racketeering conspiracy.

  • October 1, 2018

    Facebook Faces $1.6B Fine As Irish Regulator Probes Breach

    Facebook could be hit with a fine of up to $1.63 billion as it faces scrutiny from Ireland's data privacy watchdog following a security breach that allowed hackers to access 50 million user accounts, with the commission saying Monday that Facebook gave assurances it would provide more details regarding the affected accounts.

  • October 1, 2018

    Calif. Net Neutrality Law Unlikely To Withstand DOJ Suit

    The U.S. Department of Justice's challenge to California's freshly minted net neutrality law appears to rest on strong legal grounds, industry experts say, including arguments that a state can't regulate the internet since it inherently crosses state lines. Here's a look at three legal arguments in the DOJ's favor.

  • October 1, 2018

    Investors Can't Prove Cybersecurity Firm Fraud, Judge Says

    An Illinois federal judge has tossed a proposed class action from investors who accused a cybersecurity company of propping up its stock with inflated sales forecasts before executives cashed out and left shareholders suffering.

  • October 1, 2018

    High Court To Hear From Gov't In Google Privacy Deal Row

    The U.S. Supreme Court on Monday paved the way for the U.S. solicitor general to participate in arguments later this month in a dispute over the fairness of an $8.5 million privacy settlement that requires Google to pay millions to third parties and nothing to class members, as the challengers continued to press the justices to ax the "inferior" deal.

  • October 1, 2018

    Uber Rider's Suit Over Driver Assault Still Fails, Court Told

    Uber has told a Pennsylvania federal court it cannot be held liable in a New Jersey man's amended suit claiming the ride-hailing giant negligently hired a driver who assaulted him over a ride dispute and left him "for dead," saying the rider's legal theories still fail.

  • October 1, 2018

    Dollar Rent A Car Beats Class Action Over Toll Fees

    A Florida federal judge has dismissed a proposed class action alleging Dollar Rent A Car deceived consumers regarding an “administrative fee” for each electronic road toll incurred by drivers who opt not to buy a toll package at the start of their contract.

  • October 1, 2018

    Kroger Wins ‘No Sugar Added’ Suit After FDA Letter

    A California federal judge handed Kroger a win in a suit alleging the company violated federal regulations by claiming its apple juice had "no sugar added," deferring to a letter from the Food and Drug Administration saying such a label was consistent with its rules.

  • September 30, 2018

    DOJ Vows To Challenge Newly Signed Net Neutrality Bill

    California Gov. Jerry Brown enacted a first-of-its kind state net neutrality law Sunday that blocks internet service providers from speeding up, slowing down or showing priority to web traffic, but the U.S. Department of Justice almost immediately vowed to block it.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    ‘Disobedience’ Axes Pyramid-Scheme Suit: 5th Circ.

    The Fifth Circuit on Thursday affirmed the dismissal of a putative class action accusing Texas energy reseller Stream Energy of running an unlawful pyramid scheme exploiting sales agents, saying it was rightly tossed by the lower court after the lead plaintiff defied an order to arbitrate his claims.

  • September 28, 2018

    Travelers Prevails In Hotel Data Breach Coverage Battle

    A Florida federal court on Friday ruled that a Travelers insurer has no duty to defend a hotel operator’s information technology subsidiary against allegations that it was responsible for a data breach that exposed hotel customers’ credit card data, finding that the claim doesn’t trigger the personal injury coverage in the IT company’s policy.

  • September 28, 2018

    Facebook Breach Leaves 50M User Accounts Exposed

    Facebook disclosed Friday that hackers had recently gained access to nearly 50 million user accounts by exploiting a vulnerability tied to a profile preview feature, an incident that prompted the filing of a consumer lawsuit and will almost certainly spur those that have been examining the tech giant's broader privacy practices to raise fresh data security questions. 

  • September 28, 2018

    Olympics Attendees Abandon Spying Suit With Sharp Rebuke

    A group of 2002 Winter Olympics attendees have dropped their suit alleging the National Security Agency illegally spied on them at the event, saying further litigation would be fruitless because of U.S. courts' "unseemly deference" to an "increasingly imperial" executive branch.

  • September 28, 2018

    Harvard, Rejected Applicants Must Go To Trial, Judge Rules

    Only a bench trial can resolve claims that Harvard University’s undergraduate arm discriminates against Asian-American applicants, a Massachusetts federal judge ruled Friday, denying cross-motions for summary judgment in a closely watched civil rights case.

  • September 28, 2018

    Avis Can't Assert New Defenses In E-Toll Hidden Fee Row

    Avis lost its bid to raise additional defenses in a class action alleging the rental car giant secretly charged customers for an electronic toll-payment service after a New Jersey federal judge ruled Friday that the company should have asserted those claims earlier in the nearly seven-year-old case.

  • September 28, 2018

    NJ Justices To Weigh Revival Of Car Dealer Fraud Claims

    Two car dealers have convinced the New Jersey Supreme Court to take a second look at a published state appellate decision that revived separate consumer fraud actions against them on the grounds that trial courts improperly directed the cases into arbitration, according to orders filed Friday.

  • September 28, 2018

    Dole Unit Nears $26M Atty Fee Win After Beating Shell Suit

    A California judge has indicated he will likely award Barclay Hollander, a real estate subsidiary of Dole Foods, $26.8 million to pay for the legal work of Gibson Dunn & Crutcher LLP and Lewis Brisbois Bisgaard & Smith LLP after it fended off a bid from Shell Oil Co. to get more than $300 million in oil waste cleanup costs reimbursed.

Expert Analysis

  • Clarity On Overlapping Background Check Laws In Calif.

    Timothy St. George

    On Monday, in Connor v. First Student, the California Supreme Court found the state’s Investigative Consumer Reporting Agencies Act was not unconstitutionally vague as applied to employer background checks, despite overlap with the Consumer Credit Reporting Agencies Act. As a result, consumer reporting agencies should carefully review their products to assure compliance, say attorneys with Troutman Sanders LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.