Consumer Protection

  • March 16, 2018

    DC Circ. Delivers Relief, But Not Clarity, With TCPA Ruling

    The D.C. Circuit on Friday eased some of the exposure that companies have faced since the Federal Communications Commission expanded the scope of the Telephone Consumer Protection Act in 2015, but the resulting lack of bright lines for liability ensures that the crush of legal fights under the statute are far from over, attorneys say.

  • March 16, 2018

    Uber Drivers Defend Standing In Data Hack Suit After Zappos

    Drivers alleging Uber lied about a 2014 data breach that compromised their sensitive personal information told a California federal judge Friday that the Ninth Circuit’s recent Zappos ruling underscores that the mere risk of future identity theft from the hack gives them standing to pursue their putative class action.

  • March 16, 2018

    Philly Litigator Rips Opioid Defense Attys At Conference

    A veteran Philadelphia plaintiff's attorney who is representing the city in litigation against drugmakers over the opioid crisis suggested that attention should be paid to the drug manufacturers' lawyers, at a forum on legal responses to the crisis on Friday.

  • March 16, 2018

    Safeway’s Olive Oil False Ad Deal OK'd, Attys Get $1.4M

    A California judge said Friday she’ll approve Safeway’s settlement that provides a class of store-brand olive oil buyers with a $1.50 voucher or 50 cents cash and awards their attorneys $1.42 million in fees and expenses, resolving allegations the grocery store chain falsely labeled olive oil as “imported from Italy.”

  • March 16, 2018

    Fiat Chrysler, Bosch Must Face EcoDiesel Emissions MDL

    Fiat Chrysler and Bosch must face consumers’ fraud and racketeering claims in multidistrict litigation in California over Jeep and Ram diesel trucks allegedly outfitted with emissions-cheating devices, a federal judge ruled late Thursday.

  • March 16, 2018

    Ill. Lottery Manipulation Suit Will Stay In Federal Court

    Consumers and retailers suing Illinois' former lottery manager for allegedly misrepresenting the odds of winning scratch-off games cannot return to state court, as federal jurisdiction applies even if they have no injury to sue over under the Spokeo standard, a judge found Friday.

  • March 16, 2018

    Aegerion Placed Under Supervision In Misbranding Settlement

    A federal judge on Friday appointed a special master to keep a watchful eye on Aegerion Pharmaceuticals Inc. as it faces court-ordered audits and the payment of $36 million to patients who were unnecessarily prescribed its expensive cholesterol drug and to government health programs that footed the bill.

  • March 16, 2018

    Consumer Drops Morton Williams ADA Row After Inking Deal

    A consumer on Thursday dropped her New York federal suit claiming that supermarket chain Morton Williams violated the Americans with Disabilities Act by failing to make its website accessible to blind or visually impaired users, after counsel for both sides said they had reached a confidential settlement.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    Robocall Class Fights Walmart's Bid To Escape TCPA Suit

    A proposed class of cellphone owners mistakenly robocalled by a law firm collecting unpaid shoplifting debts for Walmart asked a Florida federal judge Thursday to dismiss the retail giant's bid to toss the suit alleging violations of the Telephone Consumer Protection Act, saying it’s responsible for the calls.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    Court Freezes Leaders' Assets In Cryptocurrency Schemes

    A Florida federal court has frozen the assets of four alleged scammers accused of telling investors that they could turn $100 of digital currency into $80,000 per month, while setting up a pyramid scheme that enriched only themselves.

  • March 16, 2018

    Chrysler Slips Punitive Damages Claim In Ch. 11 Ruling

    A New York bankruptcy judge on Thursday dismissed a punitive damages claim from a suit over a 2014 car crash involving a Fiat Chrysler vehicle, saying the claim is barred by a 2009 sale order for Old Chrysler after its bankruptcy.

  • March 16, 2018

    Investors Push To Consolidate Intel Stock-Drop Suits

    A pension fund pushed to consolidate and then lead two proposed class actions alleging Intel Corp. knew but failed to disclose the existence of two security flaws that sent its stock crashing, telling a California federal court Thursday that the disputes are identical and the fund has suffered the greater damages.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    9th Circ. Saves OnStar Consumer's Suit From Arbitration

    A federal appeals court resuscitated a potential class action against General Motors unit OnStar LLC on Thursday, saying the case couldn’t be sent to arbitration because the lead plaintiff didn’t really know she was agreeing to arbitrate when she signed up for OnStar.

  • March 16, 2018

    Taxation With Representation: EY, Skadden, Slaughter

    In this week’s Taxation With Representation, Experian bought ClearScore for $385 million, SJW Group and Connecticut Water Service merged in a $750 million deal and Legal & General Group acquired the remaining stake of Cala Homes for $884.7 million.

  • March 16, 2018

    UK Antitrust Watchdog Taps 2 For Top Roles

    The United Kingdom’s competition watchdog has announced two senior leadership appointments: a new executive director for markets and mergers and a new senior director for consumer protection.

  • March 16, 2018

    Pepsi’s 'Diet' Claims Not Preempted, NY Consumers Say

    Consumers accusing Pepsi-Cola Co. of misrepresenting that its “diet” drinks help with weight loss have asked a New York federal court to keep their proposed class action alive because a California court determined last month that similar claims are not in fact preempted by federal law, as PepsiCo has argued.

  • March 16, 2018

    DC Circ. Partly Strikes Down FCC's TCPA Expansion

    The D.C. Circuit in a long-awaited ruling Friday narrowed a 2015 Federal Communications Commission order that expanded the scope of the Telephone Consumer Protection Act, striking down the commission's definition of autodialer and strict conditions for calling reassigned numbers while upholding consumers' broad leeway to revoke consent.

Expert Analysis

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an Abbreviated New Drug Application, federal regulation of drug labeling preempts state-law failure-to-warn claims — even if the drug is technically the “Reference Listed Drug,” says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Virtual Currency As Commodity: From Coinflip To McDonnell

    Douglas Arend

    Through a series of public statements and judicial opinions beginning with the 2015 Coinflip action and progressing to a New York federal court’s decision in McDonnell this month, the U.S. Commodity Futures Trading Commission has established itself as the primary regulator of virtual currencies, notwithstanding the absence of clear statutory authority, say Douglas Arend and Jeffry Henderson of Greenberg Traurig LLP.

  • Venmo: The Battle Between App Usability And Compliance

    Jason Sarfati

    Venmo’s settlement with the Federal Trade Commission over privacy concerns should serve as a cautionary tale for all software and application development companies that are seeking to create innovative and user-friendly products, says Jason Sarfati of Joseph Greenwald & Laake PA.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Identifying Cybersecurity Best Practices For Financial Firms

    Rishi Zutshi

    As financial services and fintech firms seek to reduce their vulnerability to cyberattacks and mitigate against regulatory and litigation exposure, one key inquiry is the extent to which a company’s cybersecurity controls are consistent with industry best practices. In this regard, a recent report from the World Economic Forum provides a valuable reference point, say Rishi Zutshi and April Collaku of Cleary Gottlieb Steen & Hamilton LLP.

  • Trends In China's Food And Packaging Laws: Part 2

    David Ettinger

    China has recently implemented a number of changes to its food regulatory system. U.S. beef can again be imported to China after a 14-year prohibition. But companies must comply with new standards for food manufacturer certification, food labeling and food packaging, say attorneys with Keller and Heckman LLP.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.