Consumer Protection

  • March 5, 2018

    Applebee's Franchisee Reveals Payment Card Data Breach

    Diners who used their payment cards at more than 160 Applebee's restaurants in Illinois, Texas, Florida and a dozen other states late last year may have had their personal information compromised in a recently discovered data breach, the franchisee that operates the affected locations said Friday.

  • March 5, 2018

    Client Accuses Advisers Of Steering Co. To 401(k) Scammers

    An Illinois-based investment adviser was hit with a lawsuit in Cook County Court last week by a client claiming the adviser steered the company to a benefits administrator that stole nearly half a million dollars from the company's 401(k) program before the administrator was raided and shut down by the FBI last year.

  • March 5, 2018

    Resort Renter Asks 1st Circ. To Hold Website Liable For Scam

    A Cambridge man who tried to find a property in paradise only to stumble upon a scam asked the First Circuit on Monday to consider whether fault could lie with the popular vacation rental website where he found, but did not pay, the fraudster.

  • March 5, 2018

    Familiar Foes Spar Over Md. Bill To Promote Net Neutrality

    Foes on either side of the net neutrality debate shifted their struggle over the future of the internet from the usual federal venue to the Maryland State House on Friday, sparring over a proposed law that would bar state funding to internet service providers that selectively blocked or impeded web traffic.

  • March 5, 2018

    Airline Ticket Buyer Class Seeks Cert. In Antitrust Row

    A group of passengers asked a New York federal judge Thursday to certify a class that claims it paid higher airline prices because ticket distribution companies colluded to strong-arm airliners into all-or-nothing fare listings, passing their booking fees on to consumers.

  • March 5, 2018

    Toyota, Kobe Steel Sued By Drivers Over Subpar Metal Parts

    Kobe Steel Ltd. has misrepresented that certain steel, aluminum and copper products used in Toyota Motor Corp. vehicles are in compliance with quality standards, a proposed class action filed Monday in California federal court claims.

  • March 5, 2018

    FEC Tees Up Rulemaking On Online Election Ad Disclaimers

    The Federal Election Commission is set to seek comment on an updated framework for disclosures in online political ads that would bring paid web advertisements under the same transparency standards applied to broadcast advertisements.

  • March 5, 2018

    iHeartMedia Faces TCPA Suit Over Radio Station Robocalls

    A Los Angeles man filed a terse proposed class action against iHeartMedia Inc., via one of its radio stations, on Monday in California federal court alleging robocall violations of the Telephone Consumer Protection Act that may have roped in “thousands” of recipients of unwanted calls.

  • March 5, 2018

    Google Says Nearly Half Of 2.4M Links Nixed From Searches

    Google Inc. has removed nearly half the 2.43 million links that Europeans have flagged for removal from search results since the European Court of Justice's 2014 “right to be forgotten” ruling, with the vast majority of the requests coming from private individuals such as celebrities and politicians. 

  • March 5, 2018

    Kind Bar False Labeling Claims Curbed For USDA Guidance

    A New York federal judge on Friday put false labeling claims against Kind LLC in limbo while the government determines a national standard for genetically modified food disclosures, lumping consumers' state claims that it falsely advertised its products as non-GMO in a temporary hold with their "all natural" claims until August.

  • March 5, 2018

    Pa. AG Wants $13.5M From Uber In Data Breach Suit

    Pennsylvania’s attorney general on Monday joined the legal fight over the 2016 Uber Technologies Inc. data breach, filing a consumer protection suit in state court that seeks to recover as much as $13.5 million.

  • March 5, 2018

    J&J Asks 3rd Circ. To End Suit Over Talc-Based Baby Powder

    Johnson & Johnson urged the Third Circuit on Friday to uphold the dismissal of a proposed class action over alleged safety risks associated with the company’s talc-based baby powder, arguing the lower court rightly determined the named plaintiff wasn’t injured physically or economically.

  • March 2, 2018

    Bitcoin Cash Buyer Accuses Coinbase Of Insider Trading

    An Arizona investor who used Coinbase Inc. to purchase cryptocurrencies like Bitcoin Cash filed a proposed class action against the platform Thursday in California federal court, accusing it of violating California’s Unfair Competition law by allowing employees to conduct insider trading.

  • March 2, 2018

    Walmart Hit With 2nd Suit Claiming False Egg Labeling

    Another group of consumers has sued Walmart Inc. and an egg supplier over false labeling, this time in Washington federal court Friday, saying the retail giant lies about the treatment of chickens and maintains that their cage-free eggs come from hens with “outdoor access” when they are actually confined to industrial barns.

  • March 2, 2018

    Health Care Cos. Lose Class Bid In Janssen Junk Fax Suit

    An Illinois federal judge Friday denied a pair of health care providers class certification in their suit against Janssen Pharmaceuticals Inc. over unwanted faxes, saying immediate certification is not needed to preserve their claims.

  • March 2, 2018

    CFPB's Scrutiny Of Complaint Reporting May Signal Shift

    The Consumer Financial Protection Bureau on Thursday asked businesses and other groups to weigh in on the agency’s public reporting of consumer complaints, putting a question mark over the future of a tool consumer advocates say has been useful in shining a light on bad practices in the financial industry.

  • March 2, 2018

    Boutique Hotel Groups Hit With ADA Class Actions

    Three boutique hotel groups with properties in New York City have websites that don’t comply with the Americans with Disabilities Act, a legally blind man said in putative class actions filed in New York federal court Friday.

  • March 2, 2018

    Ford Wants Classes Trimmed Again In Faulty Screen Row

    Ford Motor Co. on Thursday asked a California federal court to further snip away at a class action accusing it of selling vehicles with faulty touch screens before a looming May trial, arguing a handful of claims have proven they’re not fit to be handled on a class level.

  • March 2, 2018

    Chicago Marriott Becomes ADA Tester's Latest Target

    The Chicago Marriott Downtown on Friday became the latest Windy City business targeted by a Florida man for alleged violations of the Americans with Disabilities Act, facing a suit filed in Illinois federal court alleging the hotel fails to accommodate individuals with physical disabilities.

  • March 2, 2018

    BoA Can’t Use Dodd-Frank To Dodge Calif. Law, 9th Circ. Says

    The Ninth Circuit on Friday revived a putative class action alleging Bank of America is illegally dodging a California law requiring it to pay interest on mortgage escrow accounts, finding that the bank must abide by the state consumer law because the law doesn’t interfere with the bank exercising its banking powers.

Expert Analysis

  • 9th Circ. Ups Ante On Cert. Of Nationwide Settlement Classes

    James Morsch

    A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Potential Revamp Of CFPB Civil Investigative Demand Process

    Jean Veta

    Last week the Consumer Financial Protection Bureau published a request for information seeking comment on its civil investigative demand process. This signals the bureau’s potential openness to revising the process, which has been regarded as difficult, expensive and time-consuming by many institutions, say attorneys with Covington & Burling LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • New Pa. Mortgage Servicer Law Raises A Host Of Questions

    Costas Avrakotos

    To welcome in the new year, mortgage loan servicers in Pennsylvania were greeted by a new licensing obligation. However, there are uncertainties as to how the new law will be applied, say Costas Avrakotos, Daniel Pearson and Patty Mesa of Mayer Brown LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Safe Bank-Fintech Partnerships Can Help Consumers

    Andrew Smith

    Consumers have access to an increasingly wide array of loans as a result of banks' arrangements with online lenders. Two pieces of legislation now making their way through Congress would resolve uncertainty about such partnerships and stabilize the expectations of consumers and banks alike, say Andrew Smith and Dwight Smith of Covington & Burling LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.