Consumer Protection

  • June 02, 2020

    Privacy Board Member Questions Plan To Check Fliers' Temps

    A member of a federal privacy oversight board is pressing the U.S. Department of Homeland Security for more details about reported plans to check commercial airline passengers' temperatures to screen for COVID-19, warning the global pandemic "is not a hall pass to disregard the privacy and civil liberties of the traveling public."

  • June 02, 2020

    Boies Schiller Reps Google Users In Massive Privacy Suit

    Google LLC users, represented by Boies Schiller Flexner LLP, hit the search giant with a putative class action in California federal court Tuesday that accuses the company of violating user privacy by tracking their browser searches and other user activity, and seeks potentially billions of dollars.

  • June 02, 2020

    Calif. AG Finalizes Privacy Law Despite Unresolved Issues

    California's attorney general on Monday submitted final rules for the Golden State's landmark privacy law that gives Californians the right to stop businesses from selling and storing their information, while leaving unresolved legal issues experts say could be significant.

  • June 02, 2020

    9th Circ. Leaves VW Bracing For Post-Sale Tampering Claims

    The Ninth Circuit has poked holes in a federal shield that allowed Volkswagen to dodge claims that it violated two U.S. counties' anti-tampering laws during its 2015 clean diesel emissions-cheating scandal, exposing the German automaker to additional damages and prolonged legal battles.

  • June 02, 2020

    Judge Limits Talk Between Digital Receptionists, Client Class

    A virtual reception service's attorneys can't initiate communication with a class of businesses, including many law offices, accusing the service of misleading billing practices without first getting consent of the class counsel or leave of the court, an Oregon federal judge has ruled.

  • June 02, 2020

    Customer Fights Class Cert. Denial In Capital One Suit

    A consumer told a New Jersey state appeals court Tuesday that he didn't need to prove he actually read a certain provision of a credit card agreement as he urged the panel to overturn a trial court ruling denying his class certification bid in a suit against Capital One Bank over the agreement.

  • June 02, 2020

    State Farm Shorted Insured Drivers On Calif. Fees, Suit Says

    State Farm "systematically and uniformly" underpaid potentially 100,000 insured California car owners by failing to fully pay state-mandated regulatory fees to those who lost their insured vehicles, according to a putative class action brought against the insurance giant Tuesday in California federal court.

  • June 02, 2020

    Sens. Unveil Privacy Bill To Regulate Contact Tracing Apps

    A bipartisan group of U.S. senators has introduced legislation that would limit how apps used as part of efforts to trace the spread of COVID-19 can sweep up users' data, including by mandating that people be able to consent to their information being collected and delete that data later.

  • June 02, 2020

    CBD Oil Co. Faces Claims Its Product Cost Customer His Job

    A Missouri man has sued a CBD company after one of its products allegedly caused him to fail a drug test and lose his job, despite assurances from the CBD store that the product would not trigger a test failure.

  • June 02, 2020

    PG&E Resolves Fire Victims' Ch. 11 Plan Objections

    PG&E Corp. and a committee representing victims of wildfires blamed on the utility told a California bankruptcy court Tuesday that they had resolved the committee's objections to PG&E's Chapter 11 plan, including a stock valuation question.

  • June 02, 2020

    Rand McNally Wants Out Of Suit Over 'Defective' GPS Devices

    Mapmaker and technology manufacturer Rand McNally urged an Illinois federal judge on Tuesday to toss a proposed class action alleging the company sold defective GPS systems and failed to follow through on the warranty, saying the named plaintiff made a "federal case" out of a "garden-variety customer service complaint."

  • June 02, 2020

    Lender Will Pay CFPB $2M To End Truth In Lending Claims

    The Consumer Financial Protection Bureau on Tuesday announced a payday lender will pay $2 million to settle claims it duped thousands of borrowers in the state of Mississippi with misleading disclosures about the charges for its auto title loans.

  • June 02, 2020

    LGBTQ Bias Suit Against YouTube Faces Skeptical Judge

    A California magistrate judge appeared open Tuesday to tossing a discrimination lawsuit alleging YouTube and its parent Google are violating the First Amendment and civil rights statutes by censoring LGBTQ content creators, saying the Ninth Circuit's recent ruling in Prager University v. Google Inc. seems to be dispositive.

  • June 02, 2020

    Suit Claims Trump's Social Media Order Chills Free Speech

    A tech advocacy group represented by BigLaw firm Mayer Brown LLP sued President Donald Trump on Tuesday over his executive order targeting social media companies, saying it clearly violates the First Amendment.

  • June 02, 2020

    Pet Cos. Accused Of Puppy Mill Sales Can't Dodge Claims

    A California federal judge refused to toss a lawsuit Monday alleging a fake animal rescue group is brokering the sale of puppies from commercial breeders to Golden State pet stores, which then advertise the puppies as rescues, finding that enough has been alleged at this early stage of the case.

  • June 02, 2020

    Sports Club Seeks Sanctions In Members' COVID-19 Suit

    Town Sports International, which operates Boston Sports Clubs and other gym chains, has moved to dismiss a proposed class action over its continued collection of membership fees during the COVID-19 epidemic, and said several frivolous filings in the case warranted sanctions.

  • June 01, 2020

    Wishbone App Maker Sued Over Breach Affecting 40M Users

    The company behind the social media app Wishbone was sued Monday over a massive data breach in which the personal information of more than 40 million users, most of them teenagers, was purportedly marketed on the dark web and later leaked for free, according to a proposed class action filed in California federal court.

  • June 01, 2020

    DOJ Tries Again To Nix Ruling On $360M Sabre-Farelogix Deal

    The U.S. Department of Justice is continuing to press the Third Circuit to undo a lower court rejection of its challenge to Sabre's planned $360 million Farelogix purchase, blasting the airline booking firms' contention that it improperly coordinated with U.K. antitrust enforcers to stop the deal.

  • June 01, 2020

    NY Judge Says Ill. Plaintiff Can't Control Clearview BIPA Suits

    An Illinois plaintiff alleging Clearview AI's searchable face database violates the state's biometric privacy law has "no right to control the litigation and disposition of any claim other than his own" and can't intervene in similar cases pending in the Southern District of New York, a New York federal judge ruled Friday.

  • June 01, 2020

    King & Spalding Fights DQ Bid In WhatsApp Hacking Suit

    King & Spalding LLP fired back at WhatsApp's "drastic" bid to disqualify the law firm from representing an Israeli spyware company that the messaging app has accused of hacking its users' phones, arguing that FBI Director Christopher Wray and two others who previously advised WhatsApp departed the firm "long before" the suit was filed last year.

  • June 01, 2020

    Walmart Can't Stick A Fork In Shopper's Overcharge Beef

    A Florida federal judge denied in full Walmart Inc.'s bid to dismiss a putative class action alleging that the retail behemoth has for years used sales prices to overcharge customers for its packaged meat products, ruling that Walmart's assertions are unpersuasive and that all claims against it survive.

  • June 01, 2020

    JPMorgan Seeks To Halt MDL Push Over Virus Relief Loans

    JPMorgan Chase Bank NA has urged a federal judicial panel not to create multidistrict litigation for an array of lawsuits it's facing over its participation in a federal coronavirus relief loan program for small businesses, arguing that the cases are "a jigsaw puzzle of unmatched pieces."  

  • June 01, 2020

    PetSmart Facing Class Action Over Pet Hemp Products

    A proposed class of customers is accusing PetSmart of selling a hemp oil for animals that has not been approved by the U.S. Food and Drug Administration, and that the company intended to mislead consumers about the product's legality.

  • June 01, 2020

    Consumers Say Co. Touts More CBD Than It Delivers

    CBD company Just Brands USA Inc. was hit with a proposed class action on Friday in California federal court alleging that the company inflates the amount of CBD on the labeling for its edible products and tinctures, with some containing no CBD at all.

  • June 01, 2020

    FCC Eases Rules For Providing Subsidized Tribal Broadband

    The Federal Communications Commission in an order Monday made it easier for low-income consumers living on rural tribal lands to obtain discounts on broadband internet and phone services during the coronavirus pandemic.

Expert Analysis

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Mortgage Servicers Will Bear Brunt Of CARES Act Relief

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    The CARES Act provides assistance to some borrowers who do not need help, and requires the wrong entities — mortgage servicers — to finance a large portion of this assistance, says Greg Halm at Berkeley Research Group.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Online Ad Lessons From FTC Lending Marketplace Settlement

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    The Federal Trade Commission’s recent settlement with LendEDU over deceptive marketing practices demonstrates why online ads should always be clearly labeled as paid and how financial institutions and other companies should adjust their digital marketing compliance, says Nathan Viebrock at Troutman Sanders.

  • Perspectives

    Illinois Must Do More To Protect Consumers In Debt

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    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • When Unclear Retail Rent-To-Own Terms Draw FTC Ire

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    The Federal Trade Commission's recent settlement with Progressive Leasing over its failure to clearly disclose rent-to-own prices illustrates the FTC's propensity to seek equitable monetary relief from national advertisers, as well as policy differences between Republicans and Democrats, say John Feldman and Gerry Stegmaier at Reed Smith.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

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