Consumer Protection

  • November 27, 2017

    'Seminal' Allergan Cases Test Copycat Drug Limits

    Two recently filed lawsuits from Allergan PLC are teeing up a pivotal test of the extent to which drug compounders can mass-produce virtual copies of brand-name prescription drugs, attorneys say.

  • November 27, 2017

    Chicago Suit Is The Latest Over Uber Data Breach, Cover-Up

    The city of Chicago sued Uber in Illinois state court Monday, accusing the company of failing to protect 57 million users’ data and then attempting to cover up a 2016 breach, but the suit, which follows class actions in California, Oregon and Pennsylvania, likely won’t be the last over the ride-share giant’s admitted lapse.

  • November 27, 2017

    Top Privacy Enforcer In Conn. AG's Office Headed To Cigna

    The head of the Connecticut Attorney General's Office's pioneering privacy and data security department is vacating his post to take the reins at health insurer Cigna. In an exclusive interview with Law360, Matthew Fitzsimmons talks about how the regulator's enforcement approach has changed over the past decade, the value of interstate cooperation and the active role he anticipates state officials will continue to play in this space.

  • November 27, 2017

    CFPB’s Temporary Leadership Hinges On Judge’s Analysis

    The immediate future of the Consumer Financial Protection Bureau could hinge on the way a federal judge in Washington interprets the language in the bureau’s implementing law that set up a method for appointing an acting director, experts say.

  • November 27, 2017

    ‘No Assurances’ For CFPB Deputy, But No Plans To Fire Yet

    A government attorney said he knew of no plans Monday to fire the woman suing to block President Donald Trump’s pick for the Consumer Financial Protection Bureau’s top spot, which she claims as rightly her own, but the attorney also told a D.C. federal judge he could offer “no assurances.”

  • November 27, 2017

    Airline Says Miami Airport 'Exit Fees' Suit Lacks Standing

    Venezuelan airline Avior Airlines CA asked a Florida federal judge Monday to toss a proposed class action claiming it forced passengers to pay surprise “exit fees” that weren’t mentioned in their ticket contracts before boarding flights at Miami International Airport, saying the plaintiffs lack standing to sue.

  • November 27, 2017

    Drivers Suing SiriusXM For Privacy Breach Seek Class Cert.

    A driver who claims that SiriusXM violated privacy law by using data gleaned from his personal motor vehicle records to target him for subscription offers asked a California federal judge on Monday to certify his proposed nationwide class.

  • November 27, 2017

    New T-Mobile User Calls Out Carrier On Claims And Charges

    A California woman has filed a putative class action against T-Mobile, accusing the wireless carrier of luring new customers into switching to its service from other providers on promises of free tablet devices and bogus billing information, only to hit them with service charges exceeding the agreed-upon amount and withholding promised refunds of activation fees.

  • November 27, 2017

    Cottage Health Pays Calif. $2M To Settle Data Breach Suit

    A hospital chain whose patients’ medical information leaked online in two separate data breaches has agreed to upgrade its security measures and pay $2 million to settle claims it failed to implement basic safeguards, the California attorney general’s office has announced.

  • November 27, 2017

    Mulvaney Puts CFPB Regs On Hold Amid Leadership Brawl

    Office of Management and Budget Director Mick Mulvaney on Monday put in place a 30-day regulatory and hiring freeze at the Consumer Financial Protection Bureau, despite questions hanging over his appointment as acting director for the federal consumer finance watchdog.

  • November 27, 2017

    Net Neutrality Comment Process, Investigation Take Flak

    Players on both sides of the net neutrality debate are reacting to suggestions that the Federal Communications Commission has mishandled millions of comments in its Restoring Internet Freedom proceeding, with a conservative think tank on Monday suggesting that a New York attorney general investigation is “diversionary.”

  • November 27, 2017

    Ex-Uber Drivers Get 'Final' Chance To Amend Data Hack Suit

    A California federal judge on Saturday tossed a proposed class action that claimed Uber lied about a 2014 data breach that compromised drivers’ personal information, saying the lead plaintiffs couldn’t demonstrate that they were immediately harmed by the hack, but still allowed them "a final opportunity" to amend their suit.

  • November 27, 2017

    Children's Place Reaches $6.8M Deal In Sham Pricing Row

    The Children’s Place has agreed to a class action settlement worth at least $6.8 million that would end a California federal lawsuit claiming that the kids clothing retailer’s allegedly discounted prices are nothing more than “phantom markdowns” intended to lure customers with the false promise of a deal.

  • November 27, 2017

    Bad Batch Of Cookie Mix Sold At Walmart Leads To Suit

    Food product developer Rivo USA has sued foodmaker Arro Corp. in Illinois federal court, accusing it of making more than 6,000 cases of inedible chocolate chip cookie mix that got pulled from Wal-Mart Stores Inc. shelves and destroyed after complaints that it caused a burning sensation in consumers’ mouths.

  • November 27, 2017

    Net Neutrality Hype Overblown, Title I Advocates Say

    Proponents of the Federal Communications Commission’s planned vote to reclassify the internet as a Title I information service continued reacting to last week’s draft order, with a former FCC commissioner saying Monday that the negative hype surrounding reversal of the Obama-era net neutrality protections is overstating harms to consumers.

  • November 27, 2017

    Tezos Hit With Class Suit Over Cryptocurrency Offering

    An investor in the Tezos blockchain network accused the company’s executives of offering the cryptocurrency as securities in its initial coin offering without first registering with the U.S. Securities and Exchange Commission, according to a proposed class action filed Sunday in California federal court.

  • November 27, 2017

    Chicago's Equifax Suit Stayed Ahead Of Possible MDL

    An Illinois federal judge halted the city of Chicago’s lawsuit against Equifax Inc. over its massive data breach on Sunday, saying the case should wait until a decision is made on whether to consolidate it with 250 other suits in multidistrict litigation.

  • November 27, 2017

    Kohl's Beats Suit Over Texts That Followed Opt-Out Requests

    A New Jersey federal judge on Monday tossed a putative class action against Kohl’s Department Stores Inc. over text messages sent to customers, rejecting a consumer's assertion that the retailer unlawfully texted her after she sent sentence-long opt-out messages rather than any of the single-word commands suggested by the business.

  • November 26, 2017

    CFPB Deputy Director Sues Trump Over Mulvaney Appointment

    The Consumer Financial Protection Bureau’s deputy director late Sunday evening sued to block President Donald Trump from replacing her as acting director of the federal consumer finance watchdog with Mick Mulvaney.

  • November 24, 2017

    Trump, Cordray Throw CFPB Leadership Into Disarray

    The Consumer Financial Protection Bureau was thrown into disarray Friday when outgoing Director Richard Cordray and President Donald Trump named different interim leaders for the bureau upon Cordray’s departure.

Expert Analysis

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Take Down Or Stay Down: Digital Piracy And Trade Negotiation

    Dean Pinkert

    As NAFTA renegotiation reaches a critical juncture, an area of discussion that involves exceptionally difficult trade-offs concerns measures to combat digital piracy, says Dean Pinkert, a partner with Hughes Hubbard & Reed LLP and former vice chairman of the U.S. International Trade Commission.

  • 5 Questions GCs Should Ask On Securing Internet Of Things

    Rebecca Eisner

    Connected devices are creating new markets and new efficiencies for global businesses. But the internet of things also raises a wide range of cybersecurity and data privacy considerations for general counsel and their legal teams, say attorneys with Mayer Brown LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.

  • CFPB’s New Payday Loan Rule Massively Changes Industry

    Brad Rustin

    The Consumer Financial Protection Bureau’s final payday lending rules will dramatically change the burden on lenders and consumers seeking access to short-term sources of financing. The days of short-term loans may be numbered, say attorneys with Nelson Mullins Riley & Scarborough LLP.

  • Sometimes It Pays To Litigate Against The CFPB

    Ryan Scarborough

    Companies' reluctance to litigate Consumer Financial Protection Bureau claims has allowed the bureau to establish a value for its claims based on what it can extract from companies seeking peace rather than what it can prove in a neutral federal forum. Several recent examples demonstrate that when a company has sound defenses, litigating can dramatically improve outcomes compared to settlement, say attorneys with Williams & Connolly LLP.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Evaluating 'Loser Pays' Clauses In Arbitration Agreements

    Brian Laliberte

    Several recent judicial decisions have considered the validity of “loser pays” and cost-shifting clauses in arbitration agreements. The most compelling arguments have invoked unconscionability and overriding public policy considerations, but even where courts have rejected those arguments, their decisions reveal how to successfully attack such clauses, says Brian Laliberte of Tucker Ellis LLP.