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Consumer Protection

September 30, 2026
Meta Fights 'Monster' Proposed $1.1B CIPA Judgment

Meta has urged a California federal judge not to grant a partial final judgment of more than $1.1 billion against it for unlawfully obtaining sensitive data from users of the menstrual tracking app Flo, saying the judgment it criticized as "Frankenstein's monster" violates its due process rights.
September 30, 2026
DraftKings Uses AI To Exploit Losing Bettors, Suit Alleges

DraftKings weaponizes artificial intelligence to identify vulnerable gamblers who tend to lose and then deploys promotions enticing those gamblers to place more bets to increase the house's revenue, according to a proposed class action filed Wednesday in Massachusetts federal court.
September 30, 2026
Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.
September 30, 2026
'Waterproof' Sunscreen Suit Tossed Over Lack Of Harm

A New Jersey federal judge on Tuesday dismissed a proposed class action alleging that Missha and A'pieu sunscreens are falsely labeled as "waterproof" and "sweatproof," saying that the consumers hadn't shown that they were harmed financially since the products still functioned as sun protection.
September 30, 2026
FCC OKs Cable Biz Waiver To Fix Banned Routers

The Federal Communications Commission has come through with another waiver that will allow certain companies to make changes to foreign-made routers that the agency has banned from being imported, in the hopes of avoiding the supply chain shortages that the ban created.
September 30, 2026
Crypto Project Argentina Pres. Promoted Ducks RICO Claims

A New York federal judge has permanently dismissed a proposed class action against the operators and promoters of a cryptocurrency project touted by Argentinian President Javier Milei, finding the investors failed to plausibly plead that the defendants conspired to defraud them.
September 30, 2026
23andMe Beats Calif.'s Bankruptcy Sale Privacy Challenge

A Missouri federal judge on Tuesday denied California's bid to undo the $305 million bankruptcy sale of 23andMe over concerns that the sale sidestepped state consumer data protections, ruling that the state lacks standing to challenge the sale and that the court's "good-faith" findings aren't clearly erroneous.
September 30, 2026
FTC Asks Texas Court To Keep Trans Health Suit Intact

The Federal Trade Commission asked a Texas federal court to keep intact its lawsuit against World Professional Association for Transgender Health, saying Tuesday that it adequately pled that the organization published medically dubious, self-serving trans guidelines that push "dangerous and experimental treatments."
September 30, 2026
Google Looks To Toss 'Implausible' Amended AI Spying Action

Google is seeking to permanently end the third iteration of a proposed action alleging its "Smart Features" unlawfully give Gemini AI access to users' private correspondence, asserting Google's privacy policy allows it to automatically collect such communication data.
September 30, 2026
Benefits Firm Can't Knock Out Data Breach Suit

A Georgia federal court on Wednesday narrowed, but refused to dismiss, a proposed class action accusing a human resources services firm of failing to safeguard customer information ahead of a 2024 data breach.
September 30, 2026
Utility Hasn't Billed For Almost 10 Years, Conn. Agency Told

A small Connecticut water company has not issued bills to its customers in nearly a decade, violating a prior regulatory order and raising concerns that customers will ultimately owe enormous sums, according to a petition asking the state's energy regulator to investigate.
September 30, 2026
Chase Gets Trump's $5B Fla. Debanking Case Sent To NY

A Florida federal judge on Wednesday granted JPMorgan Chase Bank NA's motion to transfer President Donald Trump's $5 billion debanking case to New York, agreeing with the bank that the president and his businesses fraudulently joined JPMorgan CEO Jamie Dimon in an attempt to keep the litigation in Florida.
September 30, 2026
11th Circ. Skeptical Of PACE Lenders' CFPB Rule Challenge

An Eleventh Circuit panel on Wednesday appeared poised to reject an industry challenge to Biden-era Consumer Financial Protection Bureau rules for providers of property-assessed clean-energy loans, repeatedly questioning claims that the agency overstepped its authority.
September 30, 2026
FCC Opens 2 Spectrum Bands For Satellite Services

The Federal Communications Commission on Wednesday opened two portions of spectrum totaling more than 1,000 megahertz to expand satellite broadband as part of a long-range plan to free up the airwaves for space-based activities.
September 30, 2026
Visa, Mastercard Get ATM Fee Antitrust Case Tossed

A Washington, D.C., federal judge handed a win to Visa and Mastercard on Wednesday, dismissing a long-running class action accusing the credit card giants of running afoul of antitrust laws with ATM fee rules that hurt machine owners.
September 30, 2026
T-Mobile Users' Rate Hike Class Claims Sent To Arbitration

Consumers in a proposed class action against T-Mobile over alleged wireless plan rate hikes must arbitrate their claims individually, a Washington federal judge said Tuesday, agreeing with the company the customers consented to an arbitration pact by continuing to use and pay for service after receiving notice of updated terms.
September 30, 2026
Biz Groups Urge 5th Circ. To Back Texas Derivative-Suits Limit

The U.S. Chamber of Commerce and the Texas Association of Business on Wednesday urged the Fifth Circuit to uphold the dismissal of a Southwest Airlines shareholder's derivative suit, saying Texas law properly blocks such suits for those who hold less than 3% of shares.
September 30, 2026
Tech Co. Sensata Can't Duck Data Breach Class Action

Sensata Technologies Inc. must face a lawsuit over a cybersecurity breach, a Massachusetts federal judge ruled Wednesday, finding that the industrial sensor technology company's former employees adequately pled that the ransomware attack has exposed them to a risk of identity theft.
September 30, 2026
Treasury Sets Plans For State Stablecoin Regime Reviews

The Treasury Department implemented its procedures for reviewing and approving state-level stablecoin licensing frameworks Wednesday, issuing an interim final rule that would give states some flexibility in meeting a looming deadline to submit their regimes for stablecoin issuers.
September 30, 2026
Wyo. Asks To Intervene In Suit Over Lease Sales To Oil Cos.

Wyoming urged a Colorado federal judge to allow the state to intervene in environmental nonprofit groups' lawsuit challenging the leasing of public lands in Colorado and Wyoming for oil and gas development, saying it could stand to lose millions of dollars in future revenue.
September 30, 2026
CFTC Wins $31M Judgment In Crypto, Metals Fraud Scheme

The Commodity Futures Trading Commission has won a $31 million judgment against four defendants accused of operating a $21 million crypto trading scheme, the CFTC announced Wednesday.
September 30, 2026
Paramount Can't Ax Most Claims In Pluto TV Privacy Action

A California federal judge Tuesday allowed seven claims to proceed in an amended action alleging Paramount Skydance Corp. unlawfully disclosed the personally identifiable information of children who streamed content on its Pluto TV service, finding the parents sufficiently alleged privacy injuries after an earlier dismissal.
September 30, 2026
FCC Eases Federal Enviro Reviews Of Broadband Projects

The Federal Communications Commission voted Wednesday to substantially pare back environmental impact reviews of broadband deployment projects.
September 30, 2026
States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.
September 30, 2026
Relator Must Seek Part Of $4.7B Opioid Deal In State Courts

A whistleblower must turn to state courts to pursue his bid for a portion of a $4.7 billion settlement between Walgreens Boots Alliance Inc. and a group of states resolving opioid-related claims against the retail pharmacy chain, an Illinois federal judge ruled.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

How ChatGPT Teen Version Raises Product Liability Questions

OpenAI's recent rollout of ChatGPT for Teens offers younger users a purportedly safer version of the software — but it could also help plaintiffs who are questioning whether earlier versions were safe for minors, when the company identified risks and when safeguards became technically viable, says Michael McCready at McCready Law.
AG Watch: Va. Vape Product Regulations Enter A New Phase

Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.
What's Next For Prediction Markets If States Win At High Court

While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.
FDIC Standards Body Could Ease Bank Vendor Due Diligence

The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.
AI Meeting Recaps Pose New Discovery And Privilege Risks

The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.
Class Actions At The Circuit Courts: September Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.
HPE-Juniper Settlement Teaches Key Tunney Act Lessons

A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.
First Steps For Companies Facing AI-Assisted Pro Se Suits

As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.
Elder Fraud Risk And Pleading Lessons From Meta Cases

Michael Gilfix and Benjamin Gicqueau at Gilfix & La Poll discuss how a recent Meta youth settlement and an April decision involving social media harms to children may point to a broader pleading framework in cases of elder fraud, and offer practical measures for platforms and consumers seeking to reduce elder fraud risk.
Negotiating The Scope Of The Stablecoin Customer ID Rule

Though comments on bank regulators’ proposed rule for stablecoin issuers under the Genius Act generally agree that oversight would help prevent illicit activity, agencies must reconcile disagreement over whether to extend customer identification requirements from issuers' primary-market relationships to secondary-markets activity, say attorneys at Ballard Spahr.
An Economic Approach Could Curb Broad Antitrust Classes

A Minnesota federal court's recent certification decision reflects a familiar antitrust pattern of inefficiently broad class certification even when the alleged conspiracy's effect is likely to vary significantly across buyers, but utilizing an economic interpretation of predominance would enhance efficiency by leading to narrower classes, says Sean Durkin at Charles River.
How To Improve Hiring Transparency Amid Ghost Job Scrutiny

Recent regulatory and state law scrutiny of ghost job postings for roles that don't exist or aren't being filled signals a shift toward hiring transparency, and employers that fail to adapt risk enforcement actions, consumer protection claims and financial penalties, say attorneys at Foley & Lardner.
Hugging Face Attack Is A Warning To The Securities Markets

The recent Hugging Face cyberattack, in which OpenAI's artificial intelligence agents hacked a third party without human instruction, raises questions about how regulators could respond to a similar incident in the securities markets and whether there's a substitute for scienter if no person is behind a financial crime, says Joseph A. Hall at Davis Polk.
FTC Push May Create Dual Origin-Claim Risks For Contractors

Recent Federal Trade Commission actions involving Made in USA advertising requirements offer a preview of enforcement themes that may impose dual compliance burdens on government contractors that are also subject to Federal Acquisition Regulation Buy American restrictions, says Amy Hoang at Seyfarth.
4 Tips On Expert Gatekeeping From J&J Talc Deal

Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.