Consumer Protection

May 24, 2018
Lawmakers Ramp Up Push To Expand Privacy Rules For Kids

A bipartisan group of U.S. lawmakers on Wednesday renewed a long-running push to update the Children's Online Privacy Protection Act to extend certain restrictions on the collection and use of personal information to cover children as old as 15 and to place limits on the sale of internet-connected devices marketed to children.
May 24, 2018
Judge Won't Review Cert. Denial In Tropicana False Label Suit

A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.
May 24, 2018
Teledentistry Co. Hits Ga. Dentistry Board With Antitrust Suit

Teledentistry company Smile Direct Club LLC has slapped Georgia’s Board of Dentistry with a lawsuit in Georgia federal court accusing it of impermissibly restricting trade through a recently passed rule that requires a licensed dentist to supervise digital scans used to fit orthodontic aligners for straightening crooked teeth.
May 24, 2018
Fiat Chrysler Wants RICO Claim Tossed In Emissions MDL

Fiat Chrysler told a California federal judge that drivers in a multidistrict litigation over the alleged rigging of emissions tests have not salvaged their claims against the company, saying the judge should at least cut a Racketeer Influenced and Corrupt Organizations Act claim from the consolidated class action.
May 24, 2018
Empire State Building's Website Isn't Accessible, Suit Says

The operator of the Empire State Building Observatory was slapped with a proposed class action in New York federal court Wednesday alleging that its website isn’t accessible to visually impaired and blind individuals and violates the Americans with Disabilities Act and state law.
May 24, 2018
Aetna Says Law Firm Mishandled Private Health Info

Aetna Inc. has filed suit in Pennsylvania federal court accusing the class counsel in two underlying privacy suits against the insurer of approving a settlement mailing that allegedly violated members’ privacy anew by potentially revealing their HIV status and launched a new round of litigation.
May 24, 2018
Blockchain Users To Walk Tightrope In Age Of GDPR

Confusion reigns over how the European Union's new data regime coming on the books Friday will address blockchains, the decentralized data trails that facilitated the rise of the cryptocurrency bitcoin. Elements of the emerging technology appear to clash directly with the law's rules for deleting and minimizing data. But industry lawyers say a delicate coexistence between blockchain and the General Data Protection Regulation is on the horizon — though getting there won't be easy.
May 24, 2018
Kimpton, Consumers Reach Deal In Data Breach Suit

Kimpton Hotel & Restaurant Group LLC has reached a settlement agreement in a suit over the theft of payment card data in a 2016 security breach, with the proposed class asking a California federal court to approve reimbursement of up to $10,000 each for 150,000 or more consumers.
May 24, 2018
Senate Confirms Trump's Pick To Lead FDIC

The Senate confirmed President Donald Trump's choice of a Fifth Third Bancorp executive to head the Federal Deposit Insurance Corp. on Thursday, rounding out Trump's appointments to major financial regulators.
May 24, 2018
Pfizer Pays $24M To End Medicare Copay Kickback Claims

Pfizer Inc. will pay $23.8 million to resolve allegations that it used a charitable organization to provide kickbacks to Medicare patients who took certain drugs manufactured by the pharmaceutical giant, the U.S. Department of Justice announced Thursday.
May 24, 2018
Still Not Ready For GDPR? Attys Say Don’t Sweat It

Banks and insurers are scurrying to prepare for Europe's sweeping data regime that comes into force on Friday, but legal advisers predict that regulators will likely offer a grace period as they adjust to their own formidable new duties.
May 24, 2018
Contractors May Be Missing Cyberrisks With Insurance Plans

The construction industry has long had to worry about insuring the physical and natural disasters that can derail multimillion-dollar projects, but this coverage likely won't be broad enough to reach cyberthreats that could be just as damaging to the ebb and flow of their work, attorneys say.
May 23, 2018
OCC Encourages Banks To Get Into Small-Dollar Credit

The Office of the Comptroller of the Currency said Wednesday that it’s now encouraging the banks it oversees to get into the business of making short-term, small-dollar loans to consumers, a $90 billion market that the agency had previously steered banks away from.
May 23, 2018
TCPA Class Action Over Car Dealer's Texts Will Go To Trial

A class action against used-car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act will head to a jury as a Florida federal judge found Wednesday that too many factual disputes remain for her to decide the case.
May 23, 2018
Objectors Chafe At 18% Fee Request In $2.3B Forex Deal

Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims.
May 23, 2018
Allstate Inks $6.5M Deal To End Calif. Junk Fax Class Action

A California federal judge said Wednesday he'll grant preliminary approval to a $6.5 million class action settlement ending claims alleging Allstate Insurance Co. unlawfully sent junk faxes to thousands of Golden State residents soliciting customers for car insurance.
May 23, 2018
'Dieselgate' Stalled Sales, VW Salespeople Say In Class Action

News that Volkswagen rigged U.S. diesel emissions tests — a scandal sometimes referred to as “Dieselgate” — has harmed the “hardworking men and women who make their livelihood selling vehicles in the Volkswagen brand” and led to reduced sales, according to a consolidated class action filed in California federal court on Tuesday.
May 23, 2018
Digital Markets Need Own Consumer Focus: Antitrust Chief

Assistant Attorney General Makan Delrahim, head of the U.S. Department of Justice's antitrust division, said Tuesday that the traditional consumer welfare standard, which places antitrust scrutiny on prices and products available to consumers, can be adapted to better enforce digital markets through an increased focus on innovation, choice and quality.
May 23, 2018
LL Bean Says Proposed Slipper Class Action Doesn't Fit

L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.
May 23, 2018
Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.

Expert Analysis

GDPR Is Here — What If You Didn't Prepare?

Businesses that are only now waking up to the reality of the EU General Data Protection Regulation, which took effect on Friday, must prioritize their compliance efforts to mitigate potential regulatory risks as they work quickly to achieve full compliance, say Joseph Facciponti and Katherine McGrail of Murphy & McGonigle PC.
Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.
Health Tech Is The New Focus For Cybersecurity Policy

Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.
CPSC Steps Up Action On Safe Product Packaging Standards

For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.
Introducing The Legal Industry To Millennial Business Owners

The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
FDA Notices Show Agency Is All In On Tobacco Regulation

In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.
Advertiser Self-Regulation And Class Actions: Part 3

Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.
Relief From CFPB’s Auto Guidance May Be Short-Lived

In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.
Facing The Homestretch Of GDPR Prep: Part 3

The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.
Advertiser Self-Regulation And Class Actions: Part 2

Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

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