Consumer Protection

  • September 25, 2023

    Maker Of Recalled Generators Sued For Causing Burns

    Wisconsin company Generac Holdings Inc. concealed from customers that the gas tanks in its recalled portable generators were prone to overheating and could spew gasoline in customers' faces, according to a proposed class action filed Friday in North Carolina federal court.

  • September 25, 2023

    NJ Firm, Owner Settle SEC's $1M Cherry-Picking Claims

    A New Jersey-based investment advisory firm and its owner on Monday agreed to pay nearly $2 million to settle claims brought by the U.S. Securities and Exchange Commission that alleged the firm made more than $1 million in fraudulent transactions through a so-called cherry-picking scheme.

  • September 25, 2023

    Senate Bill Would Streamline Broadband Project Approvals

    A bipartisan pair of U.S. senators has filed a bill to streamline the permitting process for broadband projects on federal land, complementing a larger legislative effort in the House to reduce hurdles to new infrastructure.

  • September 25, 2023

    Truck Owners Take Ford Fuel Economy Suit To High Court

    Truck owners have asked the U.S. Supreme Court to review the Sixth Circuit's decision to dismiss claims that Ford Motor Co. lied to regulators and oversold the fuel economy of its pickups, urging the high court to weigh in on whether the false advertising claims are barred by federal law.

  • September 25, 2023

    CFTC Puts Clamps On CPA Connected To $58M Forex Fraud

    A Florida federal judge has issued a preliminary injunction against a certified public accountant for his connection to an alleged $58 million foreign currency exchange fraud perpetrated through now-defunct trading platform RoFx.net, agreeing with the U.S. Commodity Futures Trading Commission that he likely played a role in the scheme.

  • September 25, 2023

    Elfbar Vape Co. Inks Deal Over Fla. Smoke Shop Counterfeits

    The Chinese company behind the popular Elfbar vape reached a deal with a Tampa Bay, Florida-area smoke shop ending claims the store was selling counterfeit goods, in the latest of at least a dozen settlements reached with similar retailers caught in a broader trademark infringement legal war.

  • September 25, 2023

    Catching Up With Delaware's Chancery Court

    Counsel for AMC Entertainment Inc. stockholders watched their fee award dwindle, AmerisourceBergen stockholders tried to save an opioid suit and Paratek Pharmaceuticals stockholders cried foul on a $462 million buyout — those were just a few of the many developments in Delaware's Chancery Court last week.

  • September 25, 2023

    Judge Bundles 7 Data Breach Suits Against Progressive

    An Ohio federal judge consolidated seven proposed class actions brought against Progressive Casualty Insurance Co. after employees at one of the insurer's third-party service providers shared customer information with unauthorized actors.

  • September 25, 2023

    Buchalter To Pay $147K For 'Kona' Coffee Class Action Delays

    A Seattle federal judge on Monday ordered Buchalter PC to pay $147,000 in fees following sanctions for three of its attorneys who stalled discovery in a class action brought by Hawaiian farmers who alleged that various retailers mislabeled their coffee as "Kona" coffee and misled consumers.

  • September 25, 2023

    PharMerica Unit Hit With Data Breach Class Action In Calif.

    Pharmacy services company Amerita Inc., a subsidiary of PharMerica, was hit with a putative class action in California federal court Monday by a patient who accused the company of failing to implement protocols to protect sensitive information from cyberattacks and data breaches, and waiting nearly six months to inform impacted customers.

  • September 25, 2023

    Catholic Clinic Wants Colo. Abortion 'Reversal' Ban Blocked

    A Catholic clinic is again asking a Colorado federal court to block the state's ban on treatments intended to "reverse" medication-induced abortions, after three state regulatory boards declined to declare the treatment an accepted standard of practice.

  • September 25, 2023

    Class Seeks $1.1M Atty Fees In CVS Lidocaine Label Suit

    Plaintiffs in a class action against CVS Pharmacy Inc. over its labeling of lidocaine products are asking a New York federal court to award $1.1 million in attorney fees out of a $3.8 million settlement, saying attorneys' work and the scope of the settlement warrant the payout.

  • September 22, 2023

    SEC Fines Broker-Dealer For Slacking On Reg BI Compliance

    A Wisconsin broker-dealer has agreed to pay $50,000 to resolve U.S. Securities and Exchange Commission allegations it ran afoul of regulations aiming to ensure firms act in their clients' best interests and avoid potential conflicts of interest.

  • September 22, 2023

    Roundup User Tells Jury Agriculture Jobs Didn't Cause Cancer

    A longtime Roundup user took the stand Friday in his cancer trial against Monsanto, acknowledging his decadeslong career in the agrochemical industry but saying his work gave him far less pesticide exposure than his regular summertime Roundup use.

  • September 22, 2023

    SEC Suit Accuses 4 Of Taking Part In $196M Ponzi Fraud

    The U.S. Securities and Exchange Commission sued four people connected to merchant cash advance business MJ Capital Funding LLC on Friday in Florida federal court on allegations they played a role in facilitating a $196 million Ponzi scheme, saying they helped raise money by selling unregistered securities and made misrepresentations to investors.

  • September 22, 2023

    FCC Republican Pushes Against Idea Of Net Neutrality Revival

    It didn't take long after the Senate confirmation of Anna Gomez to fill the last open seat on the Federal Communications Commission — giving Democrats the pivotal 3-2 majority — to trigger GOP backlash against a plan long-championed by Democratic FCC Chair Jessica Rosenworcel to reimpose rules against the blocking or slowing of internet traffic.

  • September 22, 2023

    Monsanto Bid To Nix Deposition From PCB Trial Irks Judge

    A Washington state judge chided Monsanto's attorneys on Friday for last-minute objections to evidence in a product liability trial alleging PCB chemical-induced illnesses, saying the company had missed its chance to block the admission of records suggesting it knew a research lab was falsifying its toxicity studies in the 1970s.

  • September 22, 2023

    Panel Rejects 'Absurd' Airbnb Arbitration Clause In Injury Suit

    An Illinois appellate panel on Friday rejected Airbnb's bid to arbitrate a lawsuit over injuries suffered by a man at a house booked through the short-term rental platform by his friend, saying an "absurd consequence" would result if the man was forced into arbitration just because he had an account on the website.

  • September 22, 2023

    Call Center Guru Grounded After Plane Ownership Disclosure

    A Las Vegas man will remain in custody while awaiting trial on government charges that he engaged in a multimillion-dollar telemarketing scheme and ordered employees to destroy evidence, a New York federal judge has ruled.

  • September 22, 2023

    SelectBlinds Strikes $10M Deal Over Fake Sales Price Claims

    SelectBlinds customers asked a California federal judge Friday to preliminarily approve a non-reversionary $10 million class action settlement to resolve claims the window and door covering retailer falsely advertised on its website various discounted prices and sales for a limited time, despite that the purported "discounts" were not true discounts.

  • September 22, 2023

    Florida Watchdog Turns Up Heat On Fantasy Sports Outfits

    The Florida Gaming Control Commission has sent cease-and-desist letters to three online fantasy sports operators, warning that their businesses appear to be accepting illegal wagers, the watchdog agency confirmed Friday.

  • September 22, 2023

    Marsh McLennan Asks 2nd Circ. To Revisit Data Breach Ruling

    Marsh McLennan urged the Second Circuit to review its decision to revive a former employee's lawsuit seeking relief for what she called the professional services firm's failure to protect her personal information in a data breach.

  • September 22, 2023

    EU Enforcers Hit Intel With $400M Antitrust Fine On Redo

    Europe's competition enforcer hit Intel Corp. with a lowered €376.4 million ($401.3 million) fine Friday for its 2009 case accusing the chipmaker of abusing its dominance over the supply of chips to computer manufacturers, after a court wiped out a €1 billion penalty last year.

  • September 22, 2023

    Feds Seek 13 Years For $100M Crypto Mining 'Serial Swindler'

    A man who admitted operating a cryptocurrency mining Ponzi scheme should face 13 years in prison because of his "lengthy history" of fraud dating back at least a decade, Manhattan federal prosecutors said.

  • September 22, 2023

    Binance Says SEC Can't Subvert Congress With Securities Case

    Binance, its CEO and its stateside entity told a D.C. federal judge that the U.S. Securities and Exchange Commission's case against them exceeds its authority and should be dismissed for offending the so-called major questions doctrine, among other arguments.

Expert Analysis

  • What Could Come Of CFPB, EU Consumer Finance Collab

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    A recent joint statement from the European Commission and Consumer Financial Protection Bureau focused on how technology is affecting consumers of financial services, potentially recognizing that legal protections are lacking because tech regulations lag behind its development, say attorneys at DLA Piper.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

  • Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Cos. Must Overhaul Data Privacy Approach To Avoid Lawsuits

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    With the proliferation of third-party trackers and the increasing complexity of privacy laws, companies need to significantly change their approach to online privacy to avoid litigation by focusing on responsible data collection practices and ongoing monitoring of ad tech tools, says Ian Cohen at LOKKER.

  • Don't Wait To Prepare For CFPB's Small Biz Lender Data Rule

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    Though federal courts in Kentucky and Texas have paused the rollout of the Consumer Financial Protection Bureau's small business loan reporting requirement, with more delays perhaps on the way, financial institutions should nonetheless turn to new agency guidance to prepare for the rule's eventual implementation, say Christopher Friedman and Shelby Lomax at Husch Blackwell.

  • What Cos. Must Know About New Ore. Consumer Privacy Law

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    Oregon was recently the 12th state to enact a comprehensive consumer data privacy law, but its one-year effective date delay is only applicable to certain nonprofits — so entities in the state should review their data inventory, collection and sharing practices to comply by July 1, 2024, say Neeka Hodaie and Lisa Schaures at Seyfarth.

  • New FCC Broadband Label Rules Should Be Read Carefully

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    A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.

  • Opinion

    Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

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    Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

  • Suit Alleging FDIC Overdraft Overreach May Not Make Waves

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    Regardless of its outcome, a lawsuit filed by a Minnesota community bank and state bankers trade group arguing against recent overdraft-related fee enforcement from the Federal Deposit Insurance Corp. is unlikely to ease pressure from other banking regulators for corrective action on nonsufficient fund fees, say John Stoker and Kate Wellman at Moore & Van Allen.

  • Navigating PFAS Compliance With FDA, Emerging State Laws

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    As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What To Know About Calif.'s Cybersecurity Draft Regulations

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    If adopted, California’s recently proposed privacy regulations would require businesses already subject to the California Consumer Privacy Act to conduct new, independent audits of their cybersecurity programs, which could have a sweeping effect on companies operating in the state, say attorneys at Ropes & Gray.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Key Elements Of The Proposed Credit Card Competition Act

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    Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.

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