Consumer Protection

  • January 17, 2018

    NY AG Asks Court To Force Debt Collector To Hand Over Docs

    The New York Attorney General’s Office on Wednesday asked a New York federal court to force a debt collection company and its owner to turn over financial documents, business records and other information that the agency is seeking in its suit alleging the defendants were part of a multi-million-dollar illegal debt collection scheme.

  • January 17, 2018

    Aetna To Pay $17M To Settle HIV Info Disclosure Claims

    Aetna has agreed to pay $17 million and implement new "best practices" for handling policyholders' sensitive data in litigation matters to resolve a consolidated putative class action accusing the insurer of negligently exposing HIV-related information through window envelopes mailed to roughly 12,000 people, according to documents filed Tuesday in Pennsylvania federal court.

  • January 17, 2018

    FCC, Cos. Urge Justices To Pass On Junk Fax Rule Review

    The Federal Communications Commission and companies including Anda and Staples told the U.S. Supreme Court on Tuesday that a lower court had correctly axed a commission rule requiring opt-out notices on solicited faxes and argued that having the high court review that determination would offer little benefit to anyone.

  • January 17, 2018

    Bock Hatch Looks To DQ Foley & Larder For Fla. Bar Violation

    Bock Hatch Lewis & Oppenheim LLC urged a Florida federal court Wednesday to prohibit Foley & Lardner LLP from representing a chiropractic clinic in a malpractice suit alleging attorney David Oppenheim decamped with sensitive documents, arguing the representation agreement allows an entirely separate law firm to pay for Foley's services without being licensed in the state.

  • January 17, 2018

    Buyers Say Audi, VW Can’t Slip Gas Vehicle Emissions Suit

    Car buyers accusing Volkswagen, Audi and Bosch of lying about their gasoline cars' emissions responded to the automakers' bids to dismiss the suit, telling a California federal judge Tuesday that the case is supported by well-documented facts and expert opinion.

  • January 17, 2018

    Martha’s Vineyard Exorcist Gets Over 2 Years, $4.2M Penalty

    A prominent East Coast psychic was sentenced on Wednesday to two years and two months in prison and agreed to repay more than $4.2 million of income plus taxes she admitted to concealing over seven years that an elderly Martha's Vineyard woman paid to undergo exorcism routines.

  • January 17, 2018

    Navient Says Investors' Latest Complaint Still Falls Short

    Navient Corp. urged a Delaware federal judge on Tuesday to throw out a group of investors’ latest attempt at a suit alleging the loan servicer engaged in such misconduct as misusing loan forbearances to manipulate its financial results, arguing that the investors’ revisions to their complaint can’t save it from dismissal.

  • January 17, 2018

    Corvette Drivers' Warranty Claims Outrun GM Dismissal Push

    A Florida federal judge on Tuesday trimmed claims from a proposed class action over the Corvette Z06, but kept the suit’s warranty claims, finding ambiguities in General Motors LLC’s contract language made it unclear whether it was on the hook for an alleged design flaw that causes the race cars to rapidly decelerate.

  • January 17, 2018

    Consumer Protection Group Of The Year: Kelley Drye

    Kelley Drye & Warren LLP's staunch defense in regulatory and litigious cases solved dual-pronged problems for many clients last year — from the dismissal of the FTC's suit against the maker of a popular dietary supplement to a First Circuit victory for Kohl's over allegedly false and misleading "comparison prices," the firm's noteworthy victories have landed its consumer protection practice among Law360's Practice Groups of the Year.

  • January 17, 2018

    Wendy's Rips Cert. Bid In Data Breach Suit

    Wendy’s said that a push for class certification from customers suing the fast-food chain over a data breach must be denied, telling a Florida federal judge on Tuesday that the proposed class may include individuals who weren’t impacted by the breach.

  • January 17, 2018

    Mulvaney Opens Review That Could Declaw CFPB

    The disputed acting head of the Consumer Financial Protection Bureau on Wednesday announced a review of the bureau’s operations and philosophy, beginning with its approach to investigative practices, indicating a possible shift away from aggressive policies under the previous leadership.

  • January 17, 2018

    Philly Becomes Latest To Sue Drugmakers For Opioid Crisis

    The city of Philadelphia became the latest municipality to attempt to hold drug manufacturers responsible for the nation’s growing opioid crisis Wednesday, filing a state court lawsuit accusing Allergan, Purdue, Endo, Janssen and Teva of deceptive marketing.

  • January 17, 2018

    Sephora Sold Eye Serum That Burned Man's Face, Suit Claims

    Cosmetic companies Sephora and Peter Thomas Roth have been hit with a suit in New York state court alleging an eye serum caused red bumps on a customer’s face, with one of the bumps creating a hole that has not healed.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Tattoo Removal Co. Mostly Escapes False Ad Class Action

    Massachusetts company Cynosure Inc., which manufactures aesthetic laser machines used in tattoo removal procedures, on Tuesday escaped the bulk of a class action brought against it by clinics who purchased the lasers, and alleged the products did not live up to what was represented in advertising materials.

  • January 16, 2018

    High Court Must Weigh In On Breach Standing, CareFirst Says

    CareFirst on Friday doubled down on its bid to convince the U.S. Supreme Court to take up its dispute with policyholders over a 2014 data breach, arguing that allowing consumers to rely on the mere exposure of data to prop up their claims would "open the door to a flood of no-injury class actions."

  • January 16, 2018

    DAs Seek Uber Data Showing If It Shelved Drunken Drivers

    San Francisco and Los Angeles district attorneys asked a California judge Tuesday to order Uber to hand over data on whether it suspended drivers accused of using drugs or alcohol on the job, or if the company misrepresented its zero-tolerance policy — an alleged violation that could cost Uber $15 million.

  • January 16, 2018

    Justices Won't Hear Appeal Over Debt Collector's Practices

    The U.S. Supreme Court declined on Tuesday to hear a challenge to a finding that debt buyer Portfolio Recovery Associates flouted the Fair Debt Collection Practices Act by not telling a consumer that it was time-barred from collecting on a 20-year-old debt.

  • January 16, 2018

    Nissan Wants Sentra Transmission Defect Suit Trimmed

    Nissan North America Inc. has asked a California federal judge to trim a proposed class action alleging certain Nissan Sentras had faulty transmissions prone to overheating, saying the lead plaintiff cannot support his "broad" claims for restitution, implied warranty violations and unjust enrichment.

  • January 16, 2018

    Vistaprint Sent Anti-Gay Pamphlets On Eve Of Wedding: Suit

    A recently married gay couple sued Vistaprint in Massachusetts federal court Tuesday, claiming that the custom printing company sent them copies of a pamphlet containing passages “equating their relationship to Satan’s temptation” rather than the wedding programs they had ordered.

Expert Analysis

  • A Closer Look At Consumer Finance Law In 2017, And Beyond

    Alan Wingfield

    In 2017, as in 2016, consumer financial services still ranked as one of the most thoroughly regulated industries in the U.S. For many companies, a year that began with definite promise instead concluded with much still contested and many threats newly ascendant, say Alan Wingfield and Amir Shachmurove of Troutman Sanders LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • White House Deregulation Push Is Just Getting Started

    Jane Luxton

    The Trump administration's recently released unified agenda indicates an even greater pace of deregulatory action in 2017 than was called for in the president's "two-for-one" executive order. But parties interested in particular future regulatory reforms must develop a strategy for aligning with the relevant agency’s priorities, say attorneys with Clark Hill PLC.

  • Will Ratepayers Or Shareholders Pay For California Fires?

    Mike Danko

    Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.

  • Dialing In: Hot TCPA Issues For 2018

    Lewis Weiner

    2018 will be an important year for Telephone Consumer Protection Act issues, as interested parties are still waiting for a ruling in the appeal of an omnibus declaratory order issued by the Federal Communications Commission in July 2015, and courts will continue to grapple with issues such as the definition of autodialer, standards for consent and revocation, and third-party liability, say attorneys with Eversheds Sutherland LLP.

  • 3-D Printed Implants Pose Challenge For Product Regulators

    Richard Rubenstein.jpg

    When it comes to 3-D printed medical implants, both the courts and federal regulators lag behind the technology. A system designed to regulate mass-produced medical products may not be equipped to protect consumers against the risks presented by 3-D printed, individualized devices, say Richard Rubenstein and Jianlin Song of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.