We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Consumer Protection

  • September 20, 2018

    NY AG Sues Student Debt Relief Cos. For Predatory Practices

    New York’s attorney general on Thursday accused a constellation of student debt relief companies of lying to struggling borrowers to extract illegal upfront fees for relief services that can be done for free.

  • September 20, 2018

    Facebook Must Fix Data Policy Or Face Action, EU Says

    A top European Commission official on Thursday slammed Facebook for its "misleading" new data use policy and warned that the site could face sanctions if it doesn't comply with European consumer law by the end of the year, while separately praising Airbnb for making several "necessary" pricing disclosure and consumer redress changes.

  • September 20, 2018

    Counsel Needs 'Backup' For Payment In $4.75M Vertex Deal

    A Massachusetts federal magistrate judge has told Anderson & Wanca and Swartz & Swartz PC that they failed to submit sufficient evidence of the firms' expenses that went into striking a $4.75 million deal with Vertex Pharmaceuticals Inc. to end class action allegations of unsolicited faxes.

  • September 20, 2018

    9th Circ. Saves Gym TCPA Suit After DC Circ. Ruling

    The Ninth Circuit on Thursday revived a proposed class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with promotional text messages, finding that a recent D.C. Circuit decision led to an expanded definition of an autodialer under the Telephone Consumer Protection Act.

  • September 20, 2018

    FTC Settles With ‘IV Cocktail’ Seller Over Health Claims

    The Federal Trade Commission told a company selling intravenous therapy products to cease marketing its iV Cocktails as alternative treatments for serious diseases without backing those claims with scientific and medical testing, according to a consent order filed Thursday.

  • September 20, 2018

    Don't Let Purina Off The Hook In Dead Bass Suit, Farm Says

    A farm blaming mass fish deaths on formula changes in a Purina Animal Nutrition LLC feed argued Wednesday that the company can't reel in the suit, telling an Illinois federal judge Purina's attempt to slip the case is a flop.

  • September 20, 2018

    Data Breaches Caused No Harm, Health System Argues

    A 13-hospital health system has again urged a Wisconsin federal judge to toss a proposed class action stemming from two phishing attacks, arguing the plaintiffs haven’t raised a single example of traceable harm.

  • September 20, 2018

    Tribal Lender Wants Va. Loan Claims Sent To Arbitration

    A lending company owned by the Otoe-Missouria Tribe of Indians has urged the Fourth Circuit to send claims in a proposed class action by Virginia borrowers to arbitration, saying the arbitration provisions in the borrowers’ loan agreements are enforceable and don’t illegally seek to block the application of federal law.

  • September 20, 2018

    J&J Can't Escape Calif. Talc Warning Label Suit

    A California federal judge has rebuffed Johnson & Johnson's bid to dismiss a suit alleging it violates state warning label and false advertising laws by selling asbestos-contaminated talcum powder products, writing the consumer products giant was "simply demanding more" detail than is necessary in a complaint.

  • September 20, 2018

    Purdue Pharma Must Face N.H.'s Suit Over Opioid Marketing

    A New Hampshire court has given the state the go-ahead to pursue its claims that Purdue Pharma pushed the opioid OxyContin with a deceptive marketing campaign that overstated the drug’s benefits and underplayed its risks.

  • September 20, 2018

    HP Inks $1.5M Deal In Cartridge Monopoly Suit

    Hewlett Packard Co. will pay a class of printer customers $1.5 million, not including attorneys' fees, to resolve allegations over phony error messages that popped up when users tried to install third-party ink cartridges, under a settlement proposed Tuesday in California federal court.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    Wash. Atty Owes $161K For Collecting On Already-Paid Debt

    A Washington debt-collection law firm and one of its name partners must pay a man $161,752 in damages for its repeated efforts to collect on an already-settled $7,216 debt, including calling the man a liar when he showed his payment record, a Washington federal jury found on Tuesday.

  • September 19, 2018

    Hackers Probed But Didn't Breach Conn. Utilities, Report Says

    Hackers launched hundreds of millions of failed attempts to breach Connecticut's public water, energy and grid systems over the past year and despite the state's successful defense, a data breach poses a substantial risk, according to a new report.

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

  • September 19, 2018

    Reps. Press Google On YouTube's Use Of Kids' Data

    A bipartisan pair of House lawmakers are pressing Google to detail how YouTube handles personal information belonging to children who use the popular video-sharing service, saying that a recent complaint filed with the Federal Trade Commission raised serious questions over whether the site is in step with the Children’s Online Privacy Protection Act.

  • September 19, 2018

    Pfizer Unit, Teva Must Face Effexor Antitrust Litigation

    Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety.

  • September 19, 2018

    Feds Say $364M Consumer Debt Scam Duped Attys, Bankers

    Three men have been arrested for allegedly scamming investors including lawyers, bankers, investment advisers and professional athletes in a $364 million scheme offering high returns on consumer debt, federal prosecutors and securities regulators announced in Maryland on Wednesday.

  • September 19, 2018

    Towing Co. Fees Exceeded Pittsburgh Limits, Suit Says

    A Pittsburgh towing company violated city rules and Pennsylvania’s consumer protection laws by charging more than allowed when towing unattended vehicles from private parking lots, and Home Depot knew the company was questionable but contracted with it anyway, according to a proposed class action lawsuit filed in state court on Tuesday.

  • September 19, 2018

    Calif. IPhone Users Win Cert. In 'Broken' FaceTime Suit

    A California federal judge Tuesday certified a class of California consumers claiming that Apple Inc. “broke” its FaceTime service on iPhones using older operating systems, but declined to certify a nationwide class because the laws in question differ from state to state.

Expert Analysis

  • If Editorial Content Includes Affiliate Links, Is It An Ad?

    Terri Seligman

    A recent decision from the National Advertising Division involving content in Buzzfeed’s “Shopping Guide" provides important guidance to advertisers and publishers, particularly with respect to distinguishing between editorial content and advertising, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • A Closer Look At Proposed Regs For Nonbank Loan Servicers

    Laurence Platt

    A recently introduced bill that would create a new authority over mortgage loan servicers that handle loans for Fannie Mae and Freddie Mac likely has no chance of passage in the short term. But these entities should keep an eye on the potential federal extension of so-called safety and soundness principles, say Laurence Platt and Michael McElroy of Mayer Brown LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • The Diminishing Role Of Agency Guidance

    David Freeman

    An interagency statement issued by several banking agencies last week — that supervisory guidance does not have the force and effect of law — reflects the current administration’s deregulatory agenda. But ultimately, the agencies’ newly stated position may have little practical impact, say attorneys with Arnold & Porter.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • NY Revives Fair Lending Risks For Indirect Auto Lenders

    Melanie Brody

    The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.