Consumer Protection

  • April 21, 2025

    YouTube's 'Nelk Boys' Want Suit Over NFTs Tossed

    A pair of influencers behind the YouTube channel "Nelk Boys" asked a California federal judge to toss a lawsuit brought by a buyer of their crypto product who claimed the promised benefits never materialized, arguing the complaint does not show the defendants made any claims that have not or will not be fulfilled.

  • April 21, 2025

    Hertz Failed To Protect Customers' Data In Hack, Suits Say

    Hertz and its cloud-based data management host have been hit with proposed class privacy suits claiming the Florida-based car rental giant negligently failed to follow even the most basic information security practices to help protect customers' personal information from a ransomware attack.

  • April 21, 2025

    Calif. Homeowners Say Insurers Colluded To Limit Coverage

    California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.

  • April 21, 2025

    Unions Score Block On Orders To Fire Probationary Workers

    A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.

  • April 21, 2025

    Litigation Funder Accused Of Not Protecting User Data

    Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.

  • April 21, 2025

    Conn. Utility Says Regulators Must Hear PFAS Class Case

    Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.

  • April 21, 2025

    Ohio Accounting Firm Hit With Data Breach Class Action

    Buckeye State accounting firm Ciuni & Panichi Inc. failed to protect its clients' personal information and did not give them timely notice after a cybercriminal accessed that data through an employee's email account, according to a proposed class action filed in Ohio federal court Monday.

  • April 21, 2025

    SafeMoon CEO Can't Ax Fraud Case Ahead Of Trial

    A Brooklyn federal judge denied an effort from the former CEO of crypto firm SafeMoon to dismiss his fraud case, saying a jury should assess his arguments that the case lacks sufficient ties to the U.S. and that SafeMoon's marquee coin was not a security.

  • April 21, 2025

    Justices Kick Flavored-Vape Dispute Back To 5th Circ.

    After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.

  • April 18, 2025

    Walgreens To Pay DOJ $300M Over Invalid Prescriptions

    Walgreens revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay upward of $300 million to resolve U.S. Department of Justice allegations that it knowingly filed millions of prescriptions for opioids and other drugs that didn't have a legitimate medical purpose or weren't valid.

  • April 18, 2025

    Sig Sauer Gun Gear Recall Doesn't Fix Past Harm, Buyer Says

    A Texas man is pushing back on gunmaker Sig Sauer Inc.'s bid seeking to end his lawsuit over a firearm-mounted product that had a faulty cap — allowing children easy access to a dangerous battery — telling a federal judge Friday that the company's recall doesn't resolve his claims.

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    FCC Rejects Changes To 'Silkwave-2' Satellite Plan

    The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.

  • April 18, 2025

    1st Circ. Upholds Massachusetts' Assault Weapons Ban

    The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.

  • April 18, 2025

    Nitrous Companies Decline Liability For Misused Products

    The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.

  • April 18, 2025

    Cybersecurity Ruling Misconstrues Law, FCC Told

    Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.

  • April 18, 2025

    5th Circ. Says FCC Can't Fine AT&T $57M Without Trial

    The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.

  • April 18, 2025

    Tribal 'Window' For New Spectrum Licenses Defended At FCC

    A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.

  • April 18, 2025

    Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit

    Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."

  • April 18, 2025

    FTC's Southern Glazer's Pricing Case Preserved

    A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.

  • April 18, 2025

    Insurance Exec Pleads Guilty In $134M ACA Plan Scheme

    A Florida insurance executive pled guilty Friday for his part in a $134 million scheme to submit fraudulent applications to enroll customers in fully subsidized Affordable Care Act health insurance plans.

  • April 18, 2025

    Ore. AG Sues Coinbase In Bid To Fill 'Enforcement Vacuum'

    Oregon's attorney general on Friday sued crypto exchange Coinbase and called on states to fill the "enforcement vacuum left by federal regulators" like the U.S. Securities and Exchange Commission, which have dropped cases under the Trump administration.

  • April 18, 2025

    Celsius Founder Asks For A Year And A Day For Crypto Fraud

    Celsius founder Alex Mashinsky urged a New York federal judge to reject the probation office's recommended 15-year prison sentence for lying that the fallen $25 billion crypto-lender's tokens were safe, arguing he's always had "genuinely good intentions" and should serve at most one year plus a day behind bars.

  • April 18, 2025

    $6.5M Deal In Amazon's PillPack TCPA Suit Gets Final OK

    A Washington federal judge on Friday approved a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that ran afoul of federal consumer law against robocalls and texts.

  • April 18, 2025

    Santander Not Responsible For Customer's Bad Crypto Buys

    Santander Bank is not liable for more than $750,000 lost by a customer to a cryptocurrency scam, a Massachusetts intermediate appellate court said Friday.

Expert Analysis

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    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.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

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    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.

  • Will Independent Federal Agencies Remain Independent?

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    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.

  • 5 Major Crypto Developments From The Trump Admin So Far

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    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.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    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.

  • Class Actions At The Circuit Courts: February Lessons

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    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.

  • What To Expect From The New FCC Chair

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    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.

  • Comparing 2 Pending Bills To Regulate Stablecoins

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    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.

  • Citibank Wire Transfer Ruling Creates New Liability For Banks

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    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.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    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.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    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.

  • 11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference

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    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.

  • How Southern Calif. Fires Can Affect National, Local Pricing

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    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.

  • Inside The Uncertainty Surrounding CFPB's Overdraft Rule

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    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.

  • How Private Securities Suits Complement SEC Enforcement

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    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.

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