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Consumer Protection

  • May 14, 2018

    New FTC Commish Wants Tighter Grip On Repeat Offenders

    Freshly sworn-in Federal Trade Commissioner Rohit Chopra called Monday for his agency to pursue more forceful penalties against companies that flout the type of consent orders signed by corporate giants such as Google, Facebook and Uber, including holding accountable individual executives at "recidivist" companies.

  • May 14, 2018

    9th Circ. Wants More Briefing In Gluten-Free Labeling Suit

    The Ninth Circuit ordered consumers and General Mills Inc. to file additional briefs in an appeal of a putative class action claiming General Mills owes damages for selling gluten-free Cheerios with the wrong flour, asking them to address whether General Mills' pre-litigation offer nullifies a consumer’s standing to sue in light of a recent Seventh Circuit ruling.

  • May 14, 2018

    Excess-Fee Claims Against Wells Fargo Tossed, For Now

    Wells Fargo & Co. has escaped, for now, a proposed class action alleging it forced thousands of mortgage applicants to pay for time extensions on their locked-in mortgage rate even when the bank caused the underlying delay, after a California federal judge said Monday the company was clear about the terms.

  • May 14, 2018

    7th Circ. Says FACTA Suit Should Have Been In State Court

    The Seventh Circuit on Monday vacated the dismissal of a putative class action filed against an airport public parking facilities operator over its alleged use of receipts that included credit card expiration dates, saying the Fair and Accurate Credit Transaction Act violation claim should have been remanded to state court.

  • May 14, 2018

    Wine Buyers Urge Judge To OK Deal Over Bogus Discounts

    Three of the consumers in a proposed class action accusing an online wine retailer of offering bogus discounts by inflating “original” sales prices have urged a New Jersey federal judge to approve a settlement deal she’d rejected, saying they’re willing to accept coupons for future purchases. 

  • May 14, 2018

    FCC’s Pai OKs Call Authentication Plan To Beat Robocalls

    Phone call authentication to combat “spoofed” robocalls assuming a fake number is one step closer after Federal Communications Commission Chairman Ajit Pai on Monday accepted recommendations from a federal advisory committee for selecting a “governance authority” to implement the authentication framework.

  • May 14, 2018

    J&J Can't Arbitrate Applicant's Background Check Claims

    A Pennsylvania federal judge held that a would-be employee’s arbitration agreement with a staffing firm can’t be used to force him to arbitrate claims that a Johnson & Johnson subsidiary unfairly revoked his job offer because of a background check, saying his allegations against J&J stem from the Fair Credit Reporting Act, not the contract.

  • May 14, 2018

    Chili's Grill & Bar Restaurant Chain Hit With Data Breach

    Chili’s Grill & Bar said hackers have compromised credit and debit card information of customers who visited some of the casual restaurant chain’s eateries in March and April, saying it is working with independent experts to investigate the data breach.

  • May 11, 2018

    FinCEN Due Diligence Rule Should Be On Crypto Cos.' Radar

    The Financial Crimes Enforcement Network’s customer due diligence rule went into effect Friday for banks and certain other financial institutions, and cryptocurrency companies that may not be covered by the rule now would be wise to pay attention to it, legal experts say.

  • May 11, 2018

    Facebook TCPA Row Ax Set 'Unrealistic' Bar, 9th Circ. Told

    The Ninth Circuit is being urged to revive a putative class action accusing Facebook of violating the Telephone Consumer Protection Act by bombarding consumers with unwanted security notification text messages, with the lead plaintiff arguing that the lower court created "an unrealistic pleading standard for TCPA plaintiffs" by refusing to find that an autodialer was used.

  • May 11, 2018

    Gov't Workers Bid To Renew Data Breach Suit At DC Circ.

    Two federal employee unions have urged the D.C. Circuit to revive multidistrict litigation brought against the U.S. Office of Personnel Management and contractor KeyPoint Government Solutions stemming from a headline-grabbing data breach, saying the case should “unquestionably” go forward despite a ruling the breach was not enough to establish standing.

  • May 11, 2018

    Symantec Wins Arbitration Bid In User’s Auto-Renew Suit

    A California judge ruled Friday that a Symantec customer must individually arbitrate putative class allegations that the company auto-renews cybersecurity services without proper authorization.

  • May 11, 2018

    Pa. Woman Drops TCPA Class Suit Over Alleged Robocalls

    A Pennsylvania woman has agreed to drop a putative class action accusing loan servicer Seterus Inc. of violating the Telephone Consumer Protection Act by autodialing the cellphones of individuals who had no existing debt themselves, but who had friends or relatives with existing debt.

  • May 11, 2018

    Glassdoor Says Beer Vendor Can't Sue Over Bad Reviews

    Glassdoor Inc. asked a Massachusetts federal court Friday to dismiss a suit brought by a craft beer retail company over negative comments posted on the website, which allows workers to review their jobs, saying they are immune under federal communications law.

  • May 11, 2018

    Amazon Device Draws Concerns From Lawmakers, Groups

    A Massachusetts senator and Texas representative wrote to Amazon with questions about privacy issues surrounding its new Echo Dot Kids Edition on Friday, the same day advocacy groups released a statement urging parents not to buy the voice-activated digital assistant device.

  • May 11, 2018

    23andMe Hits Ancestry.com With Patent Suit Over DNA Kit

    Genealogy company 23andMe Inc. hit rival Ancestry.com with a false advertising and patent infringement lawsuit in California federal court on Friday, seeking to invalidate its “Ancestry” trademark and claiming the company sells a DNA-based ancestry test that infringes 23andMe’s patent.

  • May 11, 2018

    Carriers Let Securus Have Customer Location Data, FCC Told

    Sen. Ron Wyden, D-Ore., has asked FCC Chairman Ajit Pai to investigate “abusive and potentially unlawful practices” of major wireless carriers that he said sell customer location data to at least one company that lets law enforcement agencies access it through a web portal, his office announced Friday.

  • May 11, 2018

    7th Circ. Won't Review Barnes & Noble Hacking Suit Revival

    The Seventh Circuit refused Barnes & Noble Inc.'s bid for an en banc review of its decision to revive a putative class action by customers who argue the bookstore retailer failed to adequately secure their data in a 2012 security breach.

  • May 11, 2018

    Bayer, Merck Sunblock SPF Suit Sent Back To State Court

    A New Jersey federal judge remanded to state court Friday a proposed class action alleging Bayer Healthcare LLC and Merck & Co. Inc. falsely advertised that their Coppertone Sport High Performance sunscreen has a sun protection factor of 30, saying the mere existence of federal issues doesn’t necessitate federal jurisdiction.

  • May 11, 2018

    5 Common Myths About EU's New Data Protection Regime

    The sweeping General Data Protection Regulation set to take effect in the European Union in just two weeks promises to revolutionize how companies around the globe handle personal data while imposing stiff penalties on those that don't comply. But attorneys say that although companies have had two years to get up to speed, several troubling myths still persist.

Expert Analysis

  • Equifax Cybersecurity Ruling Heightens Risk For Companies

    Heather Egan Sussman

    The Superior Court of Massachusetts' recent Equifax decision — the first-ever court ruling on allegations made by a state attorney general in cybersecurity litigation — is notable for siding with Attorney General Maura Healey on several key issues of concern to all companies that collect personal information, say attorneys with Ropes & Gray LLP.

  • When Your Trademark Is A False Advertisement

    Mike Justus

    False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. Recent legal trends are instructive for trademark and advertising counsel, says Mike Justus of Katten Muchin Rosenman LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • What Cos. Need To Know About China’s New Market Regulator

    Katherine Wang

    As part of a sweeping government restructuring plan announced last month, China is merging a range of government agencies into the new State Market Regulatory Administration. Multinational companies doing business in China must pay close attention to how functions within the newly consolidated agency will be organized, say attorneys with Ropes & Gray LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Why CPSC Sued To Recall Stroller That Met Standards

    Sheila Millar

    The U.S. Consumer Product Safety Commission has sued the maker of strollers with a detachable front wheel, despite the agency's prior approval of stroller standards that permit the feature. The outcome will affect whether companies can rely on CPSC approval of, and companies' compliance with, such standards as a legal defense, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.