Consumer Protection

  • March 28, 2017

    Ford Nears Coordinating Hundreds Of Defect Cases In Calif.

    A California state appeals court indicated Tuesday it was likely to let Ford Motor Co. coordinate hundreds of additional cases alleging defects in Focus and Fiesta transmissions, saying the panel was split but inclined to find a trial court erred in refusing the request.

  • March 28, 2017

    Target Consumers Say $10M Data Breach Deal Fair For All

    A group of Target customers on Monday shot back at concerns the Eighth Circuit raised over the adequacy of a $10 million class action settlement that resolved claims over the retailer's 2013 data breach, telling a Minnesota federal court that the pact was fair to consumers who hadn't yet suffered losses.

  • March 28, 2017

    St. Paul Says No Duty To Cover $2.4M Loss After Data Breach

    St. Paul Fire & Marine asked a Florida district court Monday to rule it does not have to cover a hotel chain’s information technology subsidiary for $2.4 million in costs and fines stemming from a data breach in its hotel credit card payment system.

  • March 28, 2017

    Social Media CEO Pleads With Judge Over Absent Counsel

    The CEO of a social media aggregation company battling Facebook’s claim that it hacked users accounts in violation of federal privacy law has asked a California judge to temporarily delay a fight over damages, citing an inability to contact his lead counsel for the past 30 days.

  • March 28, 2017

    9th Circ. Resurrects TCPA Claims Against Debt Collector

    The Ninth Circuit has revived a putative class action accusing debt collector Adir International of violating the Telephone Consumer Protection Act by disseminating unwanted text messages, ruling that the plaintiff had sufficiently alleged that the company used an autodialer.

  • March 28, 2017

    Dem Lawmakers Urge FCC Action On Cellphone Cybersecurity

    Sen. Ron Wyden, D-Ore., and Rep. Ted Lieu, D-Calif., in a letter on Tuesday asked the Federal Communications Commission to move quickly to take on “fundamental security threats” to cellphones, saying that self-regulation by the industry isn’t working and the vulnerabilities are clear.

  • March 28, 2017

    Wells Fargo To Pay $110M To End Phony Accounts Suits

    Wells Fargo & Co. has agreed to pay $110 million to resolve 12 putative class actions that allege bank workers opened unauthorized accounts in customers’ names or enrolled them in the bank’s services without their consent, the bank announced Tuesday.

  • March 28, 2017

    School District Wants Texas Or Calif. For Faulty Turf MDL

    A Texas school district that’s suing FieldTurf USA Inc. over allegedly defective turf on Tuesday told the Judicial Panel on Multidistrict Litigation it supports pretrial consolidation, but thinks the case should be handled in Texas or California — not in New Jersey, as FieldTurf has requested.

  • March 28, 2017

    NY's 'Right To Be Forgotten' Bill Needs Narrower Focus

    New York lawmakers are weighing novel legislation that would force online publishers such as Google to delete information flagged as inaccurate or irrelevant. But the bill's failure to account for First Amendment rights makes it unlikely that the sweeping proposal will go very far, attorneys say. 

  • March 28, 2017

    Beer Drinkers Ask 9th Circ. For Another Round In Merger Fight

    A group of beer consumers asked the Ninth Circuit last week to revive their antitrust suit challenging Anheuser-Busch InBev SA/NV’s $100 billion merger with SABMiller PLC, saying the tie-up hurts competition even if it does not increase AB InBev’s market share.

  • March 28, 2017

    Calif. Toll Operators Defend System As Constitutional

    The operators of the 91 Express Lanes in Orange County, California, told a federal judge Monday that they’re well within their authority to use driver information to collect unpaid tolls, slamming a proposed class of motorists’ who allege their privacy is being violated and that the tolls are unconstitutional.

  • March 28, 2017

    Starbucks Customer Wants Another Shot At Iced Drink Suit

    A customer alleging that Starbucks tricks buyers of its iced drinks by underfilling the cup with actual liquid urged the Ninth Circuit Monday to revive his proposed class action, saying the question of whether the chain engaged in false advertising is best left for a jury.

  • March 28, 2017

    Vitamin Maker Must Face 'Made In USA' Class Action

    A consumer’s proposed class action against vitamin manufacturer Nature’s Way alleging it misrepresented its products as “made in the USA” can proceed, an Illinois federal judge ruled Tuesday, saying the consumer provided enough proof she was damaged to avoid having the case tossed.

  • March 28, 2017

    AT&T Call Recipients Can't Certify Class In TCPA Suit

    A California federal judge refused on Tuesday to certify a class of non-AT&T customers who claim that AT&T Services Inc. violated the Telephone Consumer Protection Act by calling them about nonexistent AT&T accounts, saying the class is “entirely different” than the one proposed in the complaint and there’s no practical way to identify class members.

  • March 28, 2017

    Bankrupt BlueHippo Founder Ordered Again To Pay $13.4M

    A New York federal judge on Tuesday held the founder of bankrupt BlueHippo Funding LLC in contempt of court and ordered him to pay $13.4 million, saying that he ignored an earlier order to give the funds to the Federal Trade Commission to settle a consumer fraud case even though he has plenty of personal assets.

  • March 28, 2017

    Calif. Borrower Says Judge’s Pro-Bank Bias Merits Recusal

    A homeowner who sued mortgage companies earlier this month for allegedly trying to foreclose on his property illegally asked the assigned California federal court judge to step aside Monday, saying the jurist has tossed 56 out of 57 foreclosure-related cases to come before him since 2008.

  • March 28, 2017

    Prison Phone Co.'s Arbitration Bid Untimely, Group Says

    The group of consumers who Global Tel*Link Corp. contends must arbitrate their claims that it price-gouged prison phone calls urged an Arkansas federal judge to deny that compel motion, arguing that after two years of litigation, the prison communications company has waived that right.

  • March 28, 2017

    Rite Aid Wants Out Of FCA Suit Claiming Decadelong Scheme

    Rite Aid Corp. on Monday told a Michigan federal court to toss a False Claims Act suit claiming the pharmacy chain ran a decadelong scheme to defraud Medicare and state Medicaid programs, saying that he hasn’t provided enough information to back up his allegations.

  • March 28, 2017

    Jelly Belly Mislabeled Its Sport Beans Candy, Suit Says

    A group of consumers have hit Jelly Belly Candy Co. with a proposed class action alleging it deceptively labeled its Sport Beans candy products as containing “evaporated cane juice” instead of sugar after the U.S. Food and Drug Administration found the phrase was misleading.

  • March 28, 2017

    Investors Jumping The Gun With Judgment Bid, VW Says

    Volkswagen AG has asked a California federal judge to defer ruling on whether the automaker intentionally made false statements about its emissions standards to investors, saying the shareholders’ motion for judgment should wait until after Volkswagen’s bid to dismiss the case is decided.

Expert Analysis

  • And Now A Word From The Panel: MDLs And The High Court

    Alan Rothman

    On the heels of last week’s confirmation hearings for U.S. Supreme Court nominee Judge Neil Gorsuch, this month’s column by Alan Rothman of Arnold & Porter Kaye Scholer LLP explores the impact that various high court decisions have had on multidistrict litigation practice, and the statutory role that the Supreme Court plays with respect to the panel and MDLs.

  • Rising Student Loan Defaults Signal Litigation Ramp-Up

    Vaishali S. Rao

    When default rate increases begin to trend in particular markets, regulators take policy, legislative and enforcement actions in an attempt to correct the marketplace. Current student loan market signals, notably the rise in student loan defaults, make student lending market participants susceptible to increased regulatory scrutiny, and likely resulting spikes in follow-on private litigation as well, says Vaishali Rao of Hinshaw & Culbertson LLP.

  • ITC False Ad Decision Shows The Breadth Of Section 337

    Beau Jackson

    The U.S. International Trade Commission’s recent decision in Certain Woven Textile Fabrics highlights the advantages of using Section 337 to combat a variety of harmful imports, not just those associated with intellectual property infringement, say Beau Jackson and Michael Doman of Adduci Mastriani & Schaumberg LLP.

  • Judge Gorsuch's Dubious Commitment To Legal Textualism

    Max Kennerly

    In practice, being an “originalist” or a “textualist” is a lot like being “gluten-free” except when it comes to pasta and bagels. Most “textualists” are happy to apply these concepts rigorously when it will produce the result they want — but they’ll relax or ignore them if it produces a politically inconvenient outcome. Judge Neil Gorsuch seems to fit this profile, says Max Kennerly of Kennerly Loutey LLC.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Proposed Rules Pose Challenges For Pharma Reps In Chicago

    Erik Snapp

    Pharmaceutical companies and their representatives must prepare to navigate new licensing regulations in Chicago in order to market or promote their products to health care providers. Attorneys with Dechert LLP explain the proposed rules and analyze what the changes will mean for pharmaceutical companies and their representatives.

  • Plaintiffs Continue To Target Retail Text Programs

    Michael P. Daly

    One of the most vocal critics of the Federal Communications Commission’s 2015 Telephone Consumer Protection Act ruling was now-Chairman Ajit Pai, and his predictions have been borne out. Amid the millions of consumers shopping for goods and services is a small but steadily growing number of plaintiffs shopping for something else — a class action seeking staggering statutory damages, say Michael Daly and Meredith Slawe of Drinker Bi... (continued)

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • Real Win For Virtual Casino: Lessons For Game Developers

    Christopher Queenin

    The Fourth Circuit's recent ruling in Mia Mason v. Machine Zone provides guidance to video game developers on how to avoid being accused of creating or supporting unlawful gambling or being liable under gambling loss recovery statutes, says Christopher Queenin of Nixon Peabody LLP.

  • Expect More CFPB Scrutiny Of Nonbank Mortgage Servicers

    Craig Nazzaro

    Citigroup's plans to exit the mortgage servicing business and sell off a $97 billion portfolio to a nonbank servicer continues the trend of nonbanks capturing more market share year after year. The Consumer Financial Protection Bureau is well aware of this trend, and the call for more oversight will only get louder, says Craig Nazzaro of Baker Donelson Bearman Caldwell & Berkowitz PC.