Consumer Protection

  • December 03, 2021

    2nd Circ. Says FCC Properly Axed Solicited Fax Opt-Out Rule

    A split Second Circuit panel on Friday rejected a challenge to the Federal Communication Commission's decision to eliminate a rule that required opt-out notices on solicited faxes, finding that a D.C. Circuit ruling that the regulation was invalid applied nationwide. 

  • December 03, 2021

    UDel Can't Get Del. Justices 'Do-Over' In Tuition Refund Suit

    The University of Delaware can't get a "do-over" on its decision to remove students' pandemic-related tuition reimbursement suits from state court to federal court by sending a question to Delaware Supreme Court now that it's gotten results it doesn't like, a federal judge ruled Friday.

  • December 03, 2021

    BofA Accepts $1.2M Deal To End Mortgage Title Kickback Suit

    Bank of America has agreed to pay $1.2 million to end a class action suit claiming it participated in a kickback scheme with a mortgage title company in Maryland.

  • December 03, 2021

    California Pizza Kitchen Ex-Employees Sue After Data Breach

    Two former employees of California Pizza Kitchen Inc. are at risk of fraud and identity theft after a cyberattack that exposed the Social Security numbers of more than 100,000 people, a new suit filed in California federal court claims.

  • December 03, 2021

    Holmes Attys Rip 'Confusing' Jury Instructions On Fraud

    Counsel for Theranos CEO Elizabeth Holmes urged a California federal judge Friday to give jurors considering criminal fraud charges against her more detailed explanations of the charges than what prosecutors have proposed.

  • December 03, 2021

    Matsuo Agrees To Midtrial Capacitor Antitrust Payout Of $5M

    Matsuo Electric Co. Ltd. agreed to pay $5 million midway through a California federal antitrust trial to end claims that it participated in a decadelong global conspiracy to fix capacitor prices, causing direct purchasers to be overcharged by $427 million, the company announced Friday. 

  • December 03, 2021

    Motley Rice Atty To Lead PlayStation Antitrust Class

    A California federal judge appointed Michael M. Buchman of Motley Rice LLC as interim lead counsel for a consolidated antitrust class action against Sony over PlayStation digital downloads.

  • December 03, 2021

    Accessible Phone Co. To Pay $40.5M For FCC Rule Violations

    The Federal Communications Commission has struck a $40.5 million deal with an accessible phone call company accused of wasting the government funds it was given to provide call services to people with hearing and speech disabilities, according to the agency.

  • December 03, 2021

    Senate Republicans Seek To Ban FTC Use Of 'Zombie Votes'

    As conservative groups push for a congressional probe into the Federal Trade Commission's practice of using so-called zombie votes, a group of Republican senators are trying to ban the practice of counting the votes of a former commissioner once they've departed the agency.

  • December 03, 2021

    Visa, Mastercard Accused Of Banking Fees Antitrust Scheme

    Visa and Mastercard took part in a price-fixing scheme for interchange fees in order to prevent competition for credit and debit card network services, Halcyon Loan Trading Fund LLC has alleged in New York federal court.

  • December 03, 2021

    Class Attys Get $540K In Dollar General False Ad Suit

    A Florida federal judge granted class counsel $545,000 in attorney fees as part of his final approval of a settlement in a false advertising suit against Dollar General Corp., coming in below the attorneys' request but at the high end of what he deemed the appropriate range.

  • December 03, 2021

    3rd Circ. Preview: BLM Masks, $1.4B Award Fight End 2021

    A Pennsylvania mass transit operator, the commonwealth's banking regulator and the Bolivarian Republic of Venezuela are among the entities in December seeking the Third Circuit's input on such issues as thorny constitutional matters and a $1.4 billion arbitral award battle.

  • December 02, 2021

    Classwide Deal Complicates CaptureRx Breach Venue Fight

    The disclosure of a tentative classwide settlement of sprawling litigation over a data breach at pharmacy benefits manager CaptureRX sparked confusion at a consolidation hearing Thursday, with co-defendant Walmart and plaintiffs pushing for centralization in Missouri admitting to having little knowledge of the deal, which was revealed by counsel leading several Texas suits. 

  • December 02, 2021

    Wash. Judge Shortage May Sway T-Mobile Breach Row Venue

    T-Mobile and counsel for consumers suing the telecom giant over its massive data breach squared off Thursday over where to consolidate dozens of lawsuits pending across the country, with plaintiffs proposing five different locations and T-Mobile arguing that judicial shortages in its home state of Washington meant the disputes shouldn't land there. 

  • December 02, 2021

    Planned Parenthood Cyberattack Affects 400,000 Patients

    Highly personal data belonging to around 400,000 patients, including which treatments they underwent, may have been included in files stolen from Planned Parenthood's Los Angeles branch in an October cyberattack, the organization said this week.

  • December 02, 2021

    Parents Say Federal Law Doesn't Bar Toxic Baby Food Claims

    A proposed class of parents on Wednesday told a California federal judge that their claims over alleged toxins in baby foods aren't preempted by federal law since Plum PBC knew its foods were contaminated but didn't disclose their presence.

  • December 02, 2021

    Judge Doubts Google Advertisers' Click-Fraud Suit Cert. Bid

    A California federal judge on Thursday appeared skeptical about certifying a class of Google advertisers in a lawsuit recently revived by the Ninth Circuit challenging certain Google click estimates, saying the case isn't a typical false advertising case and the advertisers have a "reliance problem."

  • December 02, 2021

    Attys Seek $113M In Fees From Glumetza Buyers' $454M Deal

    A class of direct Glumetza buyers who scored $454 million in settlements that will end several claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug asked a California federal court Wednesday to award plaintiffs' attorneys $112.8 million in fees and $2.4 million in costs.

  • December 02, 2021

    'Housewives' Star Says Feds Poisoned Trial With Hulu Doc

    "Real Housewives of Salt Lake City" star Jen Shah said two U.S. Department of Homeland Security investigators ignored Manhattan federal court rules by discussing her telemarketing fraud charges ahead of trial in a Hulu documentary released Monday.

  • December 02, 2021

    6th Circ. Affirms No Intervention In Flint Water Deal

    The Sixth Circuit Court has affirmed a lower court's decision not to allow state court plaintiffs to intervene in the $626 million federal settlement over the Flint, Michigan, toxic water crisis.

  • December 02, 2021

    User Agreements Sink Chrome Privacy Suit, Google Says

    Google has asked a California federal judge to toss a proposed class action filed by Google Chrome users claiming that the tech giant collected their personal data without permission, saying it has shown that the proposed class members consented to the data collection.

  • December 02, 2021

    Attys Win $55M Fee In Purchasers' Chicken Price-Fixing Suit

    An Illinois federal judge has awarded more than $55 million in fees to class counsel who've settled direct purchasers' chicken price-fixing claims against some major producers including Tyson Foods Inc., applauding their "exemplary" performance in a case they pursued without full confidence they'd succeed.

  • December 02, 2021

    Security Experts Say US Can't Afford C-Band Delays

    Further delays in converting C-Band satellite airwaves to wireless spectrum could give potential adversaries like China a technological advantage, national security experts warned the White House in a new letter.

  • December 02, 2021

    House Passes Trio Of Bills Aimed At Cybersecurity, 6G

    The U.S. House has passed three bills directing the Federal Communications Commission and the National Telecommunications and Information Administration to address cybersecurity in mobile networks, study 6G and launch a cybersecurity literacy campaign.

  • December 02, 2021

    Giant Eagle Opposes Letting Lawyer Front Clients' Sanctions

    Pennsylvania-based grocer Giant Eagle has told a federal court that the plaintiffs' attorney in a lawsuit over a mandatory mask policy shouldn't get to pay the sanctions against two of his clients, arguing it was against the state's rules of professional conduct.

Expert Analysis

  • Rebuttal

    Don't 'Fix' Misrepresentation Class Claim Pleading Standards

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    A recent Law360 guest article's proposal for a new federal pleading standard for class actions involving alleged misrepresentations is a solution in search of a problem, and would create an unnecessary barrier to average people's ability to seek redress in court, says Nicholas Coulson at Liddle Sheets.

  • What FTC Report Reveals About ISP Data Collection

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    The Federal Trade Commission’s recent report on the privacy practices of six internet service providers will likely affirm suspicions about consumer data collection and use, but it also touches on several points regarding user engagement, deceptive claims and antitrust that are worth drawing out, says Andrew Stivers at NERA Economic Consulting.

  • Opinion

    Climate Change Lawsuits Are Not 'The New Tobacco'

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    Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • Key Takeaways In Bimbo's 'All Butter' False Label Win

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    The Southern District of New York, in dismissing claims in Boswell v. Bimbo Bakeries that the "All Butter" label on an Entenmann's loaf cake was misleading, applied a standard on false or misleading packaging from another circuit — an unusual decision as the claims might have survived under a different standard, say Daniel Mello and Margaret Esquenet at Finnegan Henderson.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • Recent Alcoholic Beverage Labeling Suits Offer Best Practices

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    As plaintiffs increasingly target alcoholic beverage products, claiming that labels are false or misleading, producers can mitigate liability with certain steps to ensure packaging meets all regulatory approvals, say attorneys at Alston & Bird.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Opinion

    Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

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