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Consumer Protection
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May 13, 2025
Target Slapped With Class Action Over IPhone Warranties
Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.
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May 13, 2025
Texas Investigates General Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
FTC Says It Won't Enforce 'Click To Cancel' Until July
The Federal Trade Commission, currently only staffed with Republicans following President Donald Trump's firing of the remaining two Democratic commissioners, has decided to pump the brakes on its plan to start enforcing the agency's new "click to cancel" rule this month.
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May 13, 2025
State Farm's Emergency Rate Hike Request Approved In Calif.
California Insurance Commissioner Ricardo Lara announced Tuesday that he had adopted a judge's recommendation to approve State Farm General Insurance Co.'s request for an emergency rate increase for property insurance in the state, following January wildfires that have already cost California insurers $12.1 billion.
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May 13, 2025
Senate Dems Say Paramount Deal Needs Full FCC Vote
Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.
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May 13, 2025
PBMs Get Bipartisan Bashing At Hearing On Drug Costs
Senators across party lines slammed pharmacy benefit managers on Tuesday, sometimes in coarse language, as they wrestled with how to reduce drug prices for patients while also preventing the closure of rural pharmacies.
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May 13, 2025
Farberware, Walmart Can't Duck Pressure Cooker Burn Suit
A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.
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May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract
A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
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May 13, 2025
States Grapple With Feds Revoking Digital Equity Grants
States that received grant money under the $2.75 billion Digital Equity Act are scrambling to figure out their next steps after the Trump administration called the program "unconstitutional" and cut off their funding in recent days.
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May 13, 2025
Applebee's Accused Of 'Egregious' Delivery Order Junk Fees
Applebee's employs a deceptive bait-and-switch tactic to stick hidden junk fees to delivery orders on its website that aren't mentioned to customers until the very end of the check-out process, allowing it to rake in millions in profit, according to a proposed class action filed in California federal court.
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May 13, 2025
Match Group Says Customer Gripes Can't Fly In FTC Ad Suit
Match Group Inc. asked a Texas federal judge to bar the Federal Trade Commission from using "unsworn customer complaints" for evidence ahead of trial concerning the company's allegedly shady business practices, saying the complaints are unverified and classic hearsay.
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May 13, 2025
Law Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.
Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.
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May 13, 2025
Berkshire Unit Loses Bid To Transfer Commission Fee Suit
A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.
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May 13, 2025
CFPB Axes Order For Toyota Unit To Pay Millions In Redress
The Consumer Financial Protection Bureau has quietly lifted a consent order with Toyota's U.S. financing arm, releasing it from "any alleged noncompliance" with the order — including requirements that called for it to return nearly $42 million to consumers.
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May 13, 2025
SEC X Account Hack Conspirator Deserves 2 Years, Feds Say
Federal prosecutors are seeking a two-year sentence for an Alabama man who admitted to his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy, while the man himself said Tuesday that a year and a day should suffice.
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May 13, 2025
Express Scripts, FTC Say Defamation Suit 'Should Proceed'
The Federal Trade Commission's new Republican leadership is ready to defend against an Express Scripts defamation lawsuit targeting an agency report excoriating it and other pharmacy benefit managers for allegedly inflating drug costs, the agency and the PBM told a Missouri federal judge Monday.
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May 13, 2025
GM Drivers Say V-8 Engine Recall Killed Fuel Economy
A group of seven drivers have taken General Motors LLC to Pennsylvania federal court, asserting on behalf of a proposed nationwide class that the company sold them defective 6.2-liter V-8 engines and left them with a choice of either risking catastrophic failure or suffering worsened fuel economy after a recall.
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May 12, 2025
Missouri Hit With Sanctions In Generics Price-Fixing Fight
A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.
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May 12, 2025
Google, YouTube Reach Deal To End Kids' Data Collection Suit
Google LLC and its YouTube subsidiary say they have reached a settlement to resolve a long-running proposed class action accusing them of illegally collecting children's data to generate targeted advertising, after a California federal judge refused to release the companies from the dispute earlier this year.
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May 12, 2025
Amazon Cites FTC Take On Online Shopping Law In Prime Suit
Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.
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May 12, 2025
Coinbase Inks $2.25M Deal In Dogecoin Sweepstakes Suit
Coinbase Inc. and promoter Marden-Kane have agreed to pay $2.25 million to put to rest a proposed class action over a Dogecoin cryptocurrency sweepstakes, a deal that follows a trip to the U.S. Supreme Court, according to a motion filed in California federal court Friday.
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May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court
The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.
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May 12, 2025
AI Cash Advance Co. Cleo Faces Service Member Class Action
Artificial intelligence-powered finance app Cleo faces a proposed class action alleging it violated the federal Military Lending Act with its cash advance product by lending to active duty service members at rates "well in excess" of the relevant legal rate cap.
Expert Analysis
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.