Consumer Protection

  • November 23, 2022

    9th Circ. Denies Ski Pass Coverage In Insurance Fight

    The Ninth Circuit has rejected a bid from ski pass holders hoping to revive their class action against an insurer they are seeking refunds from for passes they couldn't use when the coronavirus pandemic shuttered Vail Resorts Inc. locations in 2020.

  • November 23, 2022

    Clearview AI Can't Toss Privacy Suit On Free Speech Grounds

    A California state judge denied Clearview AI's attempt to dismiss a privacy lawsuit accusing it of illegally scraping photographs from the internet, subjecting them to biometric analysis, and then selling access to the resulting facial recognition database, ruling that the alleged conduct is not speech protected by the First Amendment.

  • November 23, 2022

    Panel Nixes U of Fla. COVID Suit Over 'Hodge-Podge' Of Docs

    A University of Florida student's proposed class action over the cancellation of on-campus services during the COVID-19 pandemic was tossed by a split Florida state appeals court, which said a "hodge-podge" of documents isn't enough to overcome sovereign immunity to move a breach of contract claim forward.

  • November 23, 2022

    Testing Site ProctorU Escapes BIPA Suit Over Choice-Of-Law

    An Alabama federal judge Tuesday threw out a proposed class action alleging that online testing platform ProctorU Inc. breached Illinois' Biometric Information Privacy Act by not taking reasonable steps to secure the safety of facial scan data it collected to monitor students during remote exams.

  • November 23, 2022

    CFPB And NY Settle Suit Alleging RD Legal 9/11 Fund Scam

    RD Legal Funding struck a deal Wednesday with the Consumer Financial Protection Bureau and New York's attorney general, ending allegations that the litigation funder ripped off 9/11 first responders with deceptive, high-interest legal settlement "advances," fining RD Legal just $1 but barring it from collecting further interest.

  • November 23, 2022

    Holmes Should Serve 11-Year Sentence In Texas, Judge Says

    A California federal judge has recommended that convicted former Theranos CEO Elizabeth Holmes serve her 11-year, three-month sentence for defrauding investors in a minimum-security prison camp for female inmates in Texas, according to court documents.

  • November 23, 2022

    GM Escapes Suit Over Engines' Oil Problems

    A Georgia federal judge has thrown out a proposed class action alleging General Motors hid oil issues in pickup engines, ruling that a driver waited too long to file his suit and couldn't back up engine defect allegations with an expert.

  • November 23, 2022

    Meta Awarded $200K Default Win In Secret Data Grab Row

    A California federal judge has granted a default win to Facebook parent company Meta against a foreign app developer that allegedly used malicious software to collect personal data from unwitting Facebook and Instagram users.

  • November 23, 2022

    Elon Musk Walking On FTC Tightrope Amid Twitter Upheaval

    After the departures of its top privacy and security officers, Elon Musk's Twitter faces tight deadlines to follow the terms of a recently reworked Federal Trade Commission privacy deal, but accusing the company of failing to comply would likely mean an extended legal battle with the mercurial billionaire.

  • November 23, 2022

    1st Circ. Revives Evenflo Buyers' Claims In Car Seat MDL

    The First Circuit has revived a multidistrict deceptive-marketing suit against Evenflo Co. Inc. over its safety statements about a booster seat, finding that alleged overpayment for the product gives purchasers standing.

  • November 23, 2022

    States, Localities Find Fault With FCC's Broadband Maps

    The complaints keep coming regarding the broadband maps that the Federal Communications Commission is using to determine what parts of the country are underserved, especially surrounding the process of submitting corrections to the agency's data.

  • November 23, 2022

    FTX Pledges Better Books, Celsius Faulted For Asset Mingling

    The new leadership of FTX promised to keep better track of its assets, Celsius Network's leadership was faulted for not keeping better track of its assets, and the U.S. Supreme Court passed on an appeal of changes to Puerto Rican teachers' pensions. This is the week in bankruptcy.

  • November 23, 2022

    Subaru Can't Arbitrate Driver's Suit Over Safety Camera

    Subaru of America Inc. lost its bid to compel arbitration Monday in a proposed class action filed by a driver who said her vehicle's safety-feature camera unlawfully gathered her biometric data, after an Illinois federal judge ruled the arbitration provision the driver signed was with a non-party, Grand Subaru LLC. 

  • November 23, 2022

    L'Oreal Sued By Uterine Cancer Patient Over Hair Products

    An Ohio couple, including a woman who has suffered from uterine cancer for more than a dozen years, is the latest to file suit accusing L'Oreal USA Inc. and other manufacturers of selling hair straightening products with chemicals that studies now show are linked to cancer.

  • November 23, 2022

    Investors' Fannie, Freddie 'Net Worth Sweep' Suit Gets Tossed

    A Texas federal judge permanently tossed Fannie Mae and Freddie Mac investors' challenge to the multibillion-dollar "net worth sweep" of the entities, ruling that unconstitutional tenure protections at the Federal Housing Finance Agency did not entitle shareholders to relief.

  • November 23, 2022

    Pharma Co. Asks For Stay To Appeal 'Orange Book' Delisting

    Jazz Pharmaceuticals has asked a Delaware federal court to pause an order requiring it to ask the U.S. Food and Drug Administration to pull a patent that purportedly covers the distribution of a narcolepsy drug from the agency's so-called Orange Book while it appeals.

  • November 23, 2022

    DraftKings Tries To Put Out Privacy Fire As Bettors Squirm

    Online sportsbook DraftKings appears likely to avoid major legal blowback after fraudulent withdrawals from its customers' accounts, but has nevertheless moved quickly to assuage bettors' fears in an early cybersecurity test for the rapidly expanding sports betting industry.

  • November 23, 2022

    Aggressive FCC Redlining Policies May Backfire, AT&T Warns

    AT&T has cautioned the Federal Communications Commission that overly aggressive rules prohibiting discrimination in broadband deployment could backfire because internet service providers might become wary of making any performance upgrades in order to avoid liability.

  • November 22, 2022

    Biden Lengthens Student Loan Pause Amid Court Challenge

    President Joe Biden's administration on Tuesday extended the pause on student loan repayments while federal courts mull its plan to forgive student loan debt, according to an announcement from the U.S. Department of Education.

  • November 22, 2022

    Meta Hit With UK Suit Over 'Surveillance Advertising' System

    Meta Platforms Inc. is facing a new lawsuit in the U.K. challenging its practice of gathering personal information to tailor ads to Facebook users, with the human rights campaigner who's pressing the action arguing that this "surveillance business model" violates Europeans' data privacy rights. 

  • November 22, 2022

    UK Group Joins Chorus Opposing Amazon's Roomba Deal

    British advocacy group Foxglove urged the U.K.'s Competition and Markets Authority on Tuesday to look into blocking Amazon's proposed $1.7 billion purchase of Roomba maker iRobot, a deal that has already drawn scrutiny, including from Democratic lawmakers in the U.S. and the Federal Trade Commission.

  • November 22, 2022

    Coinbase Wants Hacker Theft Class Action Sent To Arbitration

    Cryptocurrency platform Coinbase has asked a California federal judge to send into arbitration a proposed class action stemming from alleged hacker attacks that resulted in stolen account funds, arguing the plaintiffs agreed to arbitrate their claims when they signed off on their user agreements.

  • November 22, 2022

    Verizon Defends Bellwether Arbitration Process In 9th Circ.

    Using bellwethers to resolve mass arbitration is not unconscionable, Verizon Communications Inc. told the Ninth Circuit in an opening brief on Monday, arguing that a California federal court wrongly denied arbitration in a proposed class action alleging it hid administrative fees from customers.

  • November 22, 2022

    10th Circ. May Wait For Justices To Act On ADA Hotels Case

    A Tenth Circuit panel may hold off ruling on whether hotel websites that don't provide enough information about accessible rooms violate the Americans with Disabilities Act and cause enough harm to give a tester plaintiff standing to sue, asking attorneys Tuesday if it should wait to see if the U.S. Supreme Court will take up a similar case by the same plaintiff.

  • November 22, 2022

    Senate To Hold Hearing On Ticketmaster Antitrust Concerns

    The Senate plans to hold a hearing examining Ticketmaster and the lack of competition in the ticketing industry, according to an announcement made Tuesday.

Expert Analysis

  • After Joint Juice, Questions On NY Statutory Awards Remain

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    A California federal court's recent Montera v. Premier Nutrition decision addressed the question of whether consumers can obtain classwide statutory damages under New York's General Business Law in federal court, but it isn't the lodestar false advertising lawyers were hoping for, say Henry Wainhouse and Joshua Kipnees at Patterson Belknap.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Silver Lining For Cos. In Proposed Calif. Privacy Law Changes

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    Some of the California Privacy Protection Agency’s recent modifications to the proposed regulations implementing the California Privacy Rights Act may be positive for businesses’ compliance strategies, as they make it easier to respond to data subject requests and strengthen security and fraud prevention, say attorneys at Troutman Pepper.

  • Cos. Should Start Thinking About IP Protection For Quantum

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    Matt Marrone at McAndrews Held discusses intellectual property and business considerations around the cutting-edge quantum computing technology that is set for explosive growth, as the rules are decided in real time.

  • Anticipating The New Congress' Private Sector Investigations

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    With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus — and private sector entities can take prudential steps in the near term to best prepare for and mitigate risk, say attorneys at Latham.

  • Privacy Ruling Highlights Risks Of Third-Party Web Tracking

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    The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Beware FTC's Expanded Focus On Private Equity, Individuals

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    The Federal Trade Commission's recent policy statement broadening its interpretation of unfair methods of competition signals an expanded focus that could have far-reaching implications for future private equity acquisitions, as well as the potential to discourage executives from taking top positions at companies, say attorneys at Baker McKenzie.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • How To Prep For Calif. Social Media Content Moderation Law

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    California's new social media content moderation law reflects an overarching desire to reduce or address the spread of harmful information — and to comply, companies should review their moderation practices and establish tracking mechanisms for data collection, say Marc Mayer and Stacey Chuvaieva at Mitchell Silberberg.

  • State AG Consumer Protection Shift Isn't An Election Fad

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    We are starting to see the first signs of a new state attorney general consumer enforcement paradigm emerge — with creative use of most favored nation clauses as structural tools — and that is unlikely to end when the last ballot is counted for the 2022 election, says O.H. Skinner at Alliance for Consumers.

  • DC Commanders Suit May Expand Consumer Protection Law

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    The D.C. attorney general’s recent toxic workplace suit against the Washington Commanders alleges violations of the D.C. Consumer Protection Procedures Act, and if it is successful, it could have profound implications for companies in a variety of circumstances, say Gonzalo Mon and Paul Singer at Kelley Drye.

  • Navigating The FTC's Expanded Unfair-Competition Stance

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    Legal practitioners will need to evaluate past, existing and future practices for Section 5 liability in an aggressive enforcement environment, following the Federal Trade Commission's recent policy statement broadening prior guidance on unfair methods of competition, say attorneys at McDermott.

  • How Trial Attorneys Can Craft A Winning Closing Argument

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    Empirical data on audience responsiveness, retention and persuasiveness, coupled with insights from master trial lawyers, illuminate key principles for sound closing arguments that win over jurors, says Harry Caldwell at Pepperdine University Caruso School of Law.

  • Why Warranty Providers May Explore CCPA Exemption

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    In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.

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