Consumer Protection

  • November 28, 2017

    Sirius Says It Found Driver's Info From Post Office, Not DMV

    Sirius XM Radio Inc. asked a California federal judge Monday to toss a proposed privacy class action, saying a driver falsely asserted that it targeted him for subscription offers using data gleaned from his personal motor vehicle records, when in reality the company obtained the data from post office records.

  • November 28, 2017

    Mulvaney Stays CFPB Chief As Judge Denies Injunction

    Mick Mulvaney will remain acting director of the Consumer Financial Protection Bureau after a D.C. federal judge found Tuesday that President Donald Trump has the authority to name the agency’s interim chief.

  • November 28, 2017

    Barnes & Thornburg Nabs Diamond McCarthy Liquidation Pro

    A former Diamond McCarthy LLP partner has joined Barnes & Thornburg LLP in Los Angeles, bringing his experience representing receivers appointed in cases brought by federal agencies, including a $67 million debt relief scheme suit brought by the Consumer Financial Protection Bureau.

  • November 28, 2017

    Small Banks, Lobby Group Sue Equifax Over Data Breach

    The Independent Community Bankers of America and two of its members sued Equifax Inc. in Georgia federal court on Monday, becoming the latest of a handful of banks to sue the credit reporting agency over a massive consumer data breach that has spurred hundreds of lawsuits.

  • November 28, 2017

    Conn. Law Firm Moves To Nix Debt Collector Defamation Suit

    A Connecticut consumer protection law firm urged a New York federal judge Monday to throw out a lawsuit accusing it of maintaining a website outlining false allegations against a debt collector, saying the complaint failed to show how the statements were false or defamatory under the Lanham Act.

  • November 28, 2017

    Pa. Consumer Law Protects Nonresidents, State Justices Hear

    A Pennsylvania attorney pushed the state’s Supreme Court on Tuesday to find that the state’s consumer protection statute allows a nonresident to sue a Pennsylvania business over out-of-state transactions, arguing that an adverse ruling would leave his client without any way to fight being charged for a canceled home protection plan. 

  • November 27, 2017

    DOL Officially Delays Obama-Era Fiduciary Rule

    The U.S. Department of Labor on Monday extended the transition period and delay of the so-called fiduciary rule for retirement account advisers, announcing that its provision requiring fiduciaries to promise to work in investors’ best interests will not take effect until July 1, 2019.

  • 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.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • New Fannie Mae Shareholder Case Against FHFA Has Merit

    Saikrishna Prakash

    The U.S. district court in Minnesota is considering the government’s recent motion to dismiss a case brought by Fannie Mae and Freddie Mac shareholders alleging that the structure and actions of the Federal Housing Finance Agency violate the Constitution. The case, Bhatti v. FHFA, raises interesting questions that are worth exploring, says Saikrishna Prakash of the University of Virginia School of Law.

  • Opinion

    Stacking The Deck Against Opioid Plaintiffs

    Max Kennerly

    The U.S. Chamber of Commerce and the pharmaceutical lobby continue to file briefs with the purpose of making it impossible to sue drug manufacturers who have clearly broken federal law. If they succeed, states, individuals and health benefit plans may never get a fair day in court, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Cos. Pursued By FTC Show How Not To Sell Health Products

    Holly Melton

    A recent settlement between the Federal Trade Commission, the Maine Attorney General's Office and dietary supplement retailers accused of deceptive practices offers a case study in what marketers should not do. All claims should be supported by reliable scientific evidence, and terms and conditions of offers should be fully disclosed to the consumer, says Holly Melton of BakerHostetler.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.