Consumer Protection

  • November 21, 2017

    BREAKING: FCC Pushes Forward With Net Neutrality Rollback Plans

    The Federal Communications Commission announced Tuesday that it will vote at its Dec. 14 monthly meeting on rolling back the legal underpinning for its net neutrality rules, forecasting a total repeal of the Obama-era safeguards that prevent paid content prioritization and other schemes that would create "fast" and "slow" lanes for internet content.

  • November 20, 2017

    Tribal Lenders Take CFPB Investigation Fight To High Court

    Two tribal lending companies pressed the U.S. Supreme Court on Friday to hear their challenge to a Ninth Circuit ruling that they must comply with a Consumer Financial Protection Bureau investigation, saying the high court should resolve a circuit split around when generally applicable federal laws apply to tribes.

  • November 20, 2017

    NC State Court Axes Receipt Row For Lack Of Concrete Injury

    A North Carolina state court judge has nixed a putative class action accusing a bedding and home goods retailer of violating the Fair and Accurate Credit Transactions Act by including too many card digits on receipts, ruling that the plaintiff had failed to establish standing because he hadn't alleged the actual dissemination of his data or a similar concrete injury.

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    Children's Hospital Sues Insurer For Data Breach Coverage

    A California children’s hospital sued Illinois Union Insurance Co. for coverage of an underlying suit brought after the hospital mistakenly sent a document containing the protected information of more than 20,000 “young patients” to job applicants, according to a notice removing the suit to California federal court Friday.

  • November 20, 2017

    Sharp Seeks Pause In Chinese Co.'s Arbitration Bid

    Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.

  • November 20, 2017

    CFPB Fines Outsourcing Firm $1.1M For Credit Report Errors

    Conduent Inc., a business process outsourcing company that spun out of Xerox Corp. earlier this year, will pay the Consumer Financial Protection Bureau $1.1 million over its use of flawed software that the regulator said resulted in more than 1 million erroneous reports being filed with credit rating agencies in 2016.

  • November 20, 2017

    Abbvie Says Medical Mutual Being 'Cagey' In Androgel MDL

    Medical Mutual of Ohio is refusing to answer AbbVie Inc.'s request for more detail on the basic premise behind its potential class action accusing AbbVie of fraudulently marketing its testosterone replacement therapy drug Androgel, the drugmaker told an Illinois federal court Monday.

  • November 20, 2017

    Law Firm Shakes Foreclosure Fee Suit In Pa. Appeals Court

    A Pennsylvania appeals court said Monday that it would not revive class claims accusing Udren Law Offices PC of illegally collecting excessive fees in connection with mortgage foreclosure actions against homeowners.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Uber Moves To Dump Pricing Model Wage Class Action

    Uber on Friday slammed a California driver’s assertion it stiffs drivers on wages with a pricing model that deceptively charges passengers a higher fare based on a longer route, but requires drivers to take the shortest route, insisting the suit lobs “convoluted” breach of contract and other claims.

  • November 20, 2017

    Deal Expected In Insurer's Actos Cancer Suit Against Takeda

    Dozens of claims from Blue Cross and Blue Shield of Massachusetts alleging that a link between diabetes treatment Actos and bladder cancer was long known to drug manufacturer Takeda are expected to head for arbitration separate from a $2.4 billion settlement with patients, a Boston federal judge said Monday.

  • November 20, 2017

    Kohl's Shoppers' Misleading-Discount Suit Can Proceed

    A California judge on Monday declined to toss claims accusing Kohl’s Department Stores Inc. of misleading customers with the application of its Kohl's Cash discounts, saying the pleadings in a putative class action are sufficient enough to proceed.

  • November 20, 2017

    Chipotle Buyers Say In Cert. Bid They Relied On Non-GMO Ad

    Customers suing Chipotle Mexican Grill Inc. over allegedly mislabeling food as non-GMO asked a California federal court on Friday to certify three classes, saying the allegations of the members of the proposed classes rely upon consistent advertising conduct.

  • November 20, 2017

    Hulu's Services Exclude Blind, Visually Impaired, Suit Says

    Video streaming giant Hulu LLC was hit with a proposed class action in Massachusetts federal court on Monday alleging its services exclude the blind and visually impaired.

  • November 20, 2017

    Avis Reaches $2.7M Deal In FCRA Background Check Suit

    Car rental company Avis has agreed to pay about $2.7 million to resolve Fair Credit Reporting Act claims that it improperly acquired and used background checks to reject job applications, according to documents filed in New Jersey federal court on Friday.

  • November 20, 2017

    Wilson Can't Duck Youth Baseball Bat Labeling Suit

    An Illinois federal judge mostly rejected a bid by Wilson Sporting Goods Co. to duck a proposed class action alleging the company misled consumers by falsely representing its premium DeMarini baseball bats as compliant with key youth sports standards, but tossed certain Illinois consumer protection and express warranty claims.

  • November 17, 2017

    Noreika's Brief OCC Term Began Bank Rule Transformation

    Acting directors of federal agencies typically keep a low profile, managing an organization until a full-time agency head can get Senate confirmation. That has not been the case with Keith Noreika, the outgoing acting comptroller of the currency, who in the span of roughly six months led the Trump administration's charge to fundamentally shift the regulatory environment for banks.

  • November 17, 2017

    Ch. 7 Trustee Accuses Chicago Cab Co. Of Stashing Assets

    Insiders of a now-bankrupt Chicago cab company offloaded its revenue stream to another entity in anticipation of a $26 million personal injury judgment, and also misappropriated $160 million in profits from medallion transactions using the cab company’s money, according to a new suit by a bankruptcy trustee on Thursday.

Expert Analysis

  • Potential For A New Course At The CFPB

    Allison Schoenthal

    The Consumer Financial Protection Bureau has been a lightning rod for controversy since its creation in 2010. Now, with the announcement of Director Richard Cordray's resignation last week, Allison Schoenthal of Hogan Lovells examines what changes may be on the way.

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Opinion

    CRA Review Of Bank Regulatory Guidance Is A Bad Idea

    Michael Silva

    Following the recent determination that the Interagency Guidance on Leveraged Lending is subject to the Congressional Review Act, a congressman urged bank regulators to review all of their existing guidance and determine if any should be submitted to Congress. However, regulators should respectfully decline to do so, says Michael Silva, chairman of the financial services regulatory practice at DLA Piper.

  • Why The FDA Wants To Revoke Permission For A Health Claim

    Todd Halpern

    The U.S. Food and Drug Administration recently proposed the revocation of authorization for a health claim about the relationship between soy protein and coronary heart disease. This is the first time that the FDA has proposed such an action, and it may encourage reassessment of other authorized health claims, say attorneys with Venable LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.