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Consumer Protection

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.
September 30, 2026
NJ Can Renew RealPage Antitrust Claims Against REIT

A New Jersey federal judge has ruled that the state can renew antitrust claims against AvalonBay Communities Inc. in a suit alleging that the real estate investment trust and multiple landlords used RealPage Inc.'s revenue management software to fix rents.
September 30, 2026
Judge Backs CMS' Contested Organ Procurement Metrics

Federal health officials didn't violate federal law when they implemented a competitive rule that will alter how organ procurers are rated by decertifying low performers, a Florida federal judge ruled, a holding that could bring wide changes to the organ donor network.
September 30, 2026
Hemp Interests Say Texas THC Rule Defies Federal Law

A trio of hemp interests challenging a Texas policy redesignating intoxicating hemp products as Schedule I substances have urged a federal judge to declare that the policy is both preempted by federal law and inconsistent with Texas state law.
September 30, 2026
Judge OKs Transamerica Policy Cost Hike Deal Worth $73M

An Iowa federal judge Tuesday gave final approval to a settlement worth $73 million to resolve a policyholder class action alleging Transamerica Life Insurance Co. improperly increased monthly costs for certain universal life insurance policies.
September 30, 2026
Water Co. Escapes Consumer Protection Claim In PFAS Case

A proposed class of Connecticut Water Co. customers who allege their drinking water was contaminated with toxic forever chemicals cannot bring a claim for unfair trade practices because they are already suing under an exclusive product liability law, a state court judge has ruled.
September 30, 2026
Compressors From 3 Countries Facing Countervailing Duties

Air compressors imported from China, Malaysia and Vietnam into the U.S. are benefiting from government subsidies, the U.S. Department of Commerce preliminarily determined Wednesday, setting up possible countervailing duties.
September 30, 2026
Chinese Truck Beds Face Early Antidumping Duty Rates

Truck bed covers imported from China into the U.S. are facing possible triple-digit duties, the U.S. Department of Commerce said Wednesday, finding they are being sold at less than fair value.
September 29, 2026
P&G Calif. Buyers Nab Class Cert. In Tampon Lead Suit

A California federal judge Tuesday certified a class of consumers who allege that the Procter & Gamble Co. failed to disclose that its tampons contain unsafe amounts of lead.
September 29, 2026
Social Media Cos., Teens Spar Over Evidence Ahead Of Trials

Social media companies and teens who allege the companies harmed their mental health sparred in California state court Tuesday over what evidence jurors will hear in an upcoming round of bellwether trials, including whether jurors should hear purported instances of domestic violence in the teens' home lives.
September 29, 2026
Zillow Must Face Realtors' Antitrust Suit Over Referral Terms

A Washington federal judge Monday refused to throw out a proposed class action accusing Zillow of bullying realtors into buying its software and steering clients toward its home loan services, saying the plaintiff agents have adequately alleged they had "no choice" but to play along to get homebuyer referrals.
September 29, 2026
Geico Call Class Sunk After Plaintiff Tosses Phone In River

A Maryland federal judge has refused to certify a class of thousands of insurance claimants who received allegedly unauthorized prerecorded medical appointment reminders from a scheduling vendor retained by Geico, finding that factors such as the plaintiff's decision to throw his cellphone into the Mississippi River made him an inadequate class representative.
September 29, 2026
OpenAI Knew AI Was Rogue Before Hugging Face, Suit Says

A public interest law nonprofit sued OpenAI in California state court Tuesday, seeking to hold the ChatGPT maker liable for a July cyberattack on Hugging Face, arguing OpenAI "straightforwardly violated California law" by failing to rein in hundreds of rogue AI agents that OpenAI knew were running amok without proper safeguards.
September 29, 2026
Boeing Can't Avoid Punitives With HQ Move, Passengers Say

Passengers suing The Boeing Co. over the 2024 blowout of an aircraft door panel told a Washington state court on Monday that the aerospace giant can't escape punitive damages under Illinois law, claiming that corporate decisions made at the company's former Chicago headquarters are to blame for the event.
September 29, 2026
Groups Say Calif. Biogas Credits Incentivize More Methane

Four environmental groups accused California regulators of violating state law by allowing factory farm biogas producers to receive carbon credits — a practice they said is notionally aimed at reducing greenhouse gas emissions but in reality incentivizes more methane production.

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.