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Consumer Protection

  • August 2, 2018

    Ford Can't Shave All Classes In Faulty Touch Screen Row

    A California federal judge kept intact certain state claims in a class action alleging Ford Motor Co. sold vehicles with faulty touch screens, shaving only a Massachusetts consumer fraud claim as the parties ready for trial after abandoning an estimated $50 million settlement that the judge called problematic.

  • August 2, 2018

    Fitbit Cuts Deal To Put Sleep-Tracker Suit To Bed

    Fitbit Inc. inked a deal to resolve class claims that customers paid extra for devices with a sleep-tracking function that doesn’t work as advertised, preempting oral arguments set for Thursday in California federal court.

  • August 2, 2018

    GM Trims Claims From Drivers' Emissions-Cheating Suit

    A Michigan federal judge on Wednesday dismissed 14 of the 54 counts that General Motors is facing in a lawsuit over allegations that it used emissions-cheating devices in its diesel pickup trucks, finding that several state claims did not fit the allegations and others did not provide for punitive damages.

  • August 2, 2018

    Sabre Fights Against Cert. In Airfare Antitrust Row

    Sabre Holdings Corp. urged a New York federal judge Wednesday not to certify a putative class of consumers accusing it of colluding with other airline ticket distribution giants to drive up fares, saying the injunction fliers are seeking would actually harm the proposed class by preventing the company from offering comparison shopping.

  • August 1, 2018

    Facebook Urges 9th Circ. To Keep Tracking Claims Buried

    Facebook has shot back at a bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people’s browsing activity after they sign out, telling the Ninth Circuit the plaintiffs had failed to prove the alleged conduct caused them any actual harm or fell outside the parameters of its data privacy policies. 

  • August 1, 2018

    Devil Is In Details On OCC Fintech Charter, Attys Say

    The Office of the Comptroller of the Currency’s decision to move forward with its proposed fintech charter has come as welcome news to boosters of the financial technology industry, but financial services attorneys say the agency’s announcement still leaves some uncertainty in the air.

  • August 1, 2018

    Calif. Insurance Commish Asks DOJ To Block CVS-Aetna Deal

    California’s insurance commissioner urged the U.S. Department of Justice on Wednesday to block CVS Health Corp.'s planned $69 billion purchase of insurance provider Aetna Inc., saying the deal would drive up consumer costs and can’t be fixed.

  • August 1, 2018

    Discount False Ad Suit Against Hardware Store Revived

    A California appeals court revived a consumer's proposed class action accusing an online hardware retailer of falsely advertising prices as discounts, finding the consumer can sue since he claims he would not have made the purchase if he'd known he wasn’t getting a discount.

  • August 1, 2018

    Junior Mints Dodges Class Action Over Slack-Fill In Boxes

    A New York federal judge on Wednesday axed a proposed class action alleging that Tootsie Roll Industries LLC fills its boxes of Junior Mints with too much air, saying the boxes contain enough information for consumers to figure out how much candy they contain and that the court wouldn't "enshrine into the law an embarrassing level of mathematical illiteracy."

  • August 1, 2018

    Charter May Have To Cough Up NCTA Docs To NY AG

    A New York state appeals judge told Charter Communications that it can't necessarily withhold communications with telecom trade association NCTA from the state attorney general's office in a false advertising suit over the cable company's purported internet speeds.

  • August 1, 2018

    Drivers Get Cert., But Claims Trimmed In Toll Roads Suit

    A California federal judge on Tuesday certified a class of drivers who accuse California toll operators of unlawfully using their personal information to collect unpaid tolls and charge overblown fines, while also trimming the drivers’ claims against the operators and contractor 3M.

  • August 1, 2018

    Dixons Data Breach Now Sits At 10M Customer Records

    U.K-based phone and electronics retailer Dixons Carphone has admitted that a data breach it announced in June exposed nearly 10 times more non-financial personal records than initially reported, putting the new tally of stolen records at around 10 million.

  • August 1, 2018

    MDL Transfer Bid For Hudson's Bay Data Breach Suits Denied

    The U.S. Judicial Panel on Multidistrict Litigation rejected a request to centralize in New York actions over a data breach that targeted retail group Hudson’s Bay and subsidiaries Lord & Taylor and Saks Fifth Avenue, concluding Wednesday that other transfer options should be assessed first

  • August 1, 2018

    FTC Sues Auto Dealers For Allegedly Deceiving Navajo Buyers

    A group of related automobile dealers located in Arizona and New Mexico near the edge of the Navajo Nation’s borders has been hit with a federal lawsuit by the Federal Trade Commission alleging that, among other things, it put out ads for vehicles that were misleading and that many of those impacted were nation members.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

  • August 1, 2018

    Nestle Wants Poland Spring Labeling Row Tossed

    Nestle Waters North America Inc. told a Connecticut federal judge on Monday that consumers were "returning to the same empty well" in an amended version of a proposed class action alleging Poland Spring water is misleadingly labeled, arguing that the suit should be tossed for good.

  • August 1, 2018

    Equity Residential Utility Outage Suit Stays In Fed. Court

    A Massachusetts federal judge on Tuesday said a class of tenants suing an Equity Residential affiliate over its alleged failure to provide heat and hot water cannot send the suit back to state court, finding the residents’ own expert damages report dooms their bid.

  • August 1, 2018

    Construction Co. Says Deceptive Fees Tolled Class' Claims

    Tartan Construction LLC told an Illinois federal judge on Tuesday that an equipment renter’s allegedly misleading and deceptive scheme caused it to pay additional fees, claiming the statute of limitations in its putative class action did not begin simply because it knew of the fees but rather when it realized it had been wronged.

  • August 1, 2018

    Health Care Cos. Hit With TCPA Suit Over Unwanted Fax Ads

    Two Illinois-based health care companies got slapped with separate proposed class actions in Illinois federal court by a home health care provider alleging the two sent it unwanted faxes advertising their services in violation of the Telephone Consumer Protection Act.

  • August 1, 2018

    Benecol Buyers Seek Class Cert. In Trans Fat False Ad Suit

    Customers who claim Johnson & Johnson falsely advertised its Benecol buttery spreads as having no trans fat asked a New York federal judge to certify them as a class, saying that common evidence, including prominent product labeling, supports their suit.

Expert Analysis

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • How FTC Rules Affect Employee-Generated Marketing

    Nick Peterson

    Companies have begun to encourage employees to post about their products on social media, as well as leave reviews on websites like Amazon and Yelp. However, the Federal Trade Commission has expressed concerns that employee marketing can be deceptive to consumers, say Nick Peterson and Brandon Moss of Wiley Rein LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • 3 Risks Of GDPR Access Requests

    Corey Gildart

    Organizations seeking to comply with the EU General Data Protection Regulation should look beyond the unambiguous duties. For Article 15 — the right to request personal data being processed — this means implementing a thoughtful data verification protocol to amicably resolve requester inquiries while protecting the underlying personal data from misuse, says Corey Gildart of Resolution Economics LLC.

  • GDPR Gameplay: Privacy Issues For Video Game Developers

    Roger Wylie

    Independent video game developers may collect and utilize data from users to improve their games or release new content — and they may not be prepared for the requirements of the EU General Data Protection Regulation, say Roger Wylie and Frank Johnson Jr. of Kilpatrick Townsend & Stockton LLP.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Opinion

    Washington State Should Amend Its Anti-Rebate Laws

    Nicholas Gregory

    Due to Washington state's anti-rebate laws, Zenefits customers in Washington now pay over $1,000 per year for a service that should be free. If a law advances no legitimate policy objective, and its net effect is to harm consumers, then the legislature should change the law, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • A Look At Chicago's Data Protection Proposal

    Molly DiRago

    The Chicago City Council is considering privacy legislation that would regulate online businesses that collect or broker sensitive personal information. Enacting this ordinance would ensure that Illinois remains at the forefront of the country’s ongoing privacy debates, says Molly DiRago of Troutman Sanders LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.