Consumer Protection

  • August 21, 2024

    Contractor, Manager Settle Hartford HealthCare No-Poach Suit

    A New Jersey company that manages a sleep clinic in a Connecticut hospital has settled a former clinic manager's lawsuit alleging the company improperly prevented him from getting a job with the hospital's new owner after it fired him.

  • August 21, 2024

    Car Buyers Say Claims Are Tolled Because GM Hid Defects

    A proposed class of car buyers is urging a Michigan federal court not to dismiss their suit claiming General Motors sold vehicles with defective transmissions, saying the automaker hid the defect, so they couldn't have discovered it until recently.

  • August 21, 2024

    FTC Can't Stop $8.5B Merger, Handbag Cos. Say

    The owners of Coach and Michael Kors urged a New York federal court not to pause their planned $8.5 billion merger, saying a challenge from the Federal Trade Commission ignores the hundreds of options consumers have when shopping for handbags.

  • August 21, 2024

    Paxton Issues Warrants To Texas Counties In Election Inquiry

    Texas Attorney General Ken Paxton said Wednesday that his office had executed multiple search warrants in Frio, Atascosa, and Bexar counties as part of an ongoing investigation into election integrity.

  • August 21, 2024

    Calif. AG Secures Rite Aid Deal Ensuring Pharmacy Access

    California Attorney General Rob Bonta has announced a settlement with Rite Aid Corp. that will allow his office to oversee any changes in ownership of the company's retail pharmacy outlets across the state.

  • August 21, 2024

    BofA Gag Clause Suit Heads For 9th Circ. After 2nd Dismissal

    A group of consumers who sued Bank of America for allegedly using improper nondisparagement clauses in its online service agreements moved Tuesday to take their case to the Ninth Circuit after a California federal judge threw it out for a second time last month.

  • August 20, 2024

    Mango Markets Crypto Platform Voting On SEC Settlement

    The entity behind cryptocurrency exchange Mango Markets appears to be gearing up to propose a settlement to resolve an inquiry from the U.S. Securities and Exchange Commission after a more than $100 million exploit on the trading platform drew regulators' attention.

  • August 20, 2024

    SEC Fines Equiniti Trust After Cyberattacks Stole $6.6M

    New York-based Equiniti Trust Co. has agreed to pay a $850,000 fine over claims it did not safeguard clients' funds from two cyber intrusion incidents that resulted in over $6 million in total losses, the U.S. Securities and Exchange Commission announced Wednesday.

  • August 20, 2024

    9th Circ. Revives Google Chrome Users' Data Privacy Suit

    The Ninth Circuit on Tuesday reversed the dismissal of a proposed class action accusing Google of surreptitiously collecting Chrome users' data, finding that the lower court had relied on the incorrect standard in determining whether a "reasonable" consumer would think they had consented to the disputed practice.

  • August 20, 2024

    FCC Urged To Boost Middle-Mile Support For Alaska Telecoms

    Alaskan telecoms are telling the Federal Communications Commission that their state needs special rules for middle-mile support, saying that Alaska's short construction season, roadless areas and other unique challenges mean that more support will be needed to achieve widespread connectivity.

  • August 20, 2024

    Don't Nix 'Band Manager' Approach In 4.9 GHz, FCC Told

    Public interest groups have urged the Federal Communications Commission to preserve its original plan to use a national band manager to oversee a 4.9 gigahertz spectrum revamp rather than turning it over to FirstNet through a nationwide license.

  • August 20, 2024

    USDOT Floats Vehicle-To-Everything Deployment Plan

    The U.S. Department of Transportation is setting out an aspirational timeline for vehicle-to-everything infrastructure deployment, saying it wants to see the technology deployed on 50% of the nation's highways by 2031.

  • August 20, 2024

    Apple Says iCloud Monopoly Suit Can't Stay Afloat

    Apple has told a California federal judge that it's time to boot a proposed class action that accuses it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones.

  • August 20, 2024

    Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says

    Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation."

  • August 20, 2024

    NC Panel Nixes Black Property Owners' Revived Bias Fight

    A North Carolina state appeals court handed the city of Kinston a win Tuesday for a second time in a discrimination lawsuit that the state Supreme Court recently revived, finding that Black property owners' claims that the city unfairly demolished their properties aren't viable because they never completed an "adequate" administrative appeals process.

  • August 20, 2024

    SF Police Can't Sue Navy Over Toxic Shipyard, 9th Circ. Says

    A group of San Francisco police officers cannot pursue their suit alleging the U.S. Navy misled the city into leasing a former naval shipyard that was not properly decontaminated following its use during the Cold War, which led to the officers suffering health problems, the Ninth Circuit ruled Tuesday.

  • August 20, 2024

    Fireball Maker Fights Class Cert. In Malt Labeling Suit

    The makers of Fireball have urged a California federal judge not to grant class certification to buyers who claim the single-serving Fireball malt beverages mislead consumers into thinking they're buying Fireball's Cinnamon Whisky product, saying their experts' proposed surveys don't show wide-ranging deception.

  • August 20, 2024

    Energy Department Says Dishwasher Case Lacks Jurisdiction

    The U.S. Department of Energy says anyone who wants to challenge a new rule governing how efficiently household appliances need to manage water usage must do so in a circuit court, claiming a Texas federal court lacks jurisdiction to hear the case.

  • August 20, 2024

    Amgen's Drug Price Suit An Issue For Legislature, Judge Told

    A Colorado nonprofit that advocates for the poor told a federal judge Tuesday that Amgen's lawsuit over the state's drug price cap system is little more than a disagreement with lawmakers' policy choices disguised as a constitutional issue.

  • August 20, 2024

    Wash. Judges Won't Upend Tobacco Payout Ruling

    A Washington appellate court on Monday rejected attempts by Philip Morris and other tobacco companies to pay the state less under a 1998 master settlement agreement, upholding an arbitrator's determination that the state was enforcing a law covering payment.

  • August 20, 2024

    Boat-Maker Sued Over Anchor Issue Stranding Owner

    A Tennessee boat-maker, Malibu Boats Inc., was hit with a proposed class action claiming its anchor systems are poorly designed, causing one boater to become stranded and require rescue by the U.S. Coast Guard.

  • August 20, 2024

    FCC Says No To 8 Nonprofit Stations In Texas

    The Federal Communications Commission says it is not approving eight applications for new low power FM stations because the Christian entities that applied for them appear to actually all be part of the same organization, which does not qualify as an educational nonprofit.

  • August 20, 2024

    LOT Polish Airlines Objects To DOJ-Boeing 737 Max Plea Deal

    LOT Polish Airlines has urged a Texas federal judge to reject Boeing's plea agreement with the U.S. Department of Justice, saying the deal deprives restitution to airline customers that incurred millions in losses because Boeing defrauded regulators about the 737 Max 8's development.

  • August 20, 2024

    Split 6th Circ. Revives FCRA Claims Against Experian

    A partially divided Sixth Circuit has reversed a lower court's decision to toss a consumer's Fair Credit Reporting Act claims against Experian concerning alleged delinquent spousal support payments, ruling in part on Monday that Experian failed to properly investigate court orders acknowledging the man's compliance with the payments.

  • August 20, 2024

    Verizon Customer Says Stalker Got Her Info, Arrived With Knife

    A Verizon Communications Inc. customer alleges in a North Carolina federal court complaint that the telecom violated federal privacy law when it gave her private information to a stalker who was threatening to kill her, allowing him to arrive at her house with a knife.

Expert Analysis

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill

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    A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

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    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

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    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • Microplastics At The Crossroads Of Regulation And Litigation

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    Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • FDIC Bank Disclosure Rules Raise Important Questions

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    The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

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