Consumer Protection

  • May 26, 2017

    Sprint Denied New Trial In Middle Man Phone Reseller Suit

    Sprint lost its bid for a new trial in its dispute with a phone reseller accused of violating the mobile giant's contract terms, a federal judge ruled Friday, flatly denying Sprint’s request for a redo.

  • May 26, 2017

    Scottrade Says Data Breach Suit Should Stay In Federal Court

    Discount brokerage firm Scottrade Inc. asked a Florida federal judge Thursday not to remand to state court claims brought against it by a putative class of customers over a data breach, arguing that the case should be stayed pending an appeal at the Eighth Circuit.

  • May 26, 2017

    Fla. Chicken Chain, TCPA Class To Refute Settlement Denial

    Fast-casual chicken restaurant operator Pollo Operations Inc. and a proposed consumer class said Friday they will refute a Florida magistrate judge's denial of a $975,000 settlement over alleged federal Telephone Consumer Protection Act violations, noting that the court can expect to see them file a new request.

  • May 26, 2017

    Hertz Charges Hidden Toll Fees For A Profit, Suit Says

    Hertz fails to notify car renters that its transponders don’t work on all toll roads and then charges consumers large, hidden fees for small, unpaid tolls to generate a profit, according to a putative class action filed Thursday in California federal court.

  • May 26, 2017

    Insurers Needn't Cover Spyware Suits, 9th Circ. Affirms

    The Ninth Circuit on Friday affirmed that subsidiaries of Hartford and Liberty Mutual don't have to cover a pair of lawsuits accusing an Aaron's franchisee of spying on customers through rental computers, finding that all of the underlying allegations either don't fall within the terms of the insurers' policies or are subject to exclusions.

  • May 26, 2017

    J&J's Aveeno Settles 'Natural' Labeling Suit For $6.75M

    Johnson & Johnson will pay $6.75 million and remove an “Active Naturals” label from a line of Aveeno products after consumers complained the name was deceptive since the products contained synthetic ingredients, according to a settlement agreement filed in New York federal court on Friday.

  • May 26, 2017

    Discover's Debt Collector Disclosed Credit Scores: Suit

    Discover Bank and a debt collector it employs publicly filed confidential credit scores of consumers who owed debt without prior permission, a violation of federal consumer protection laws, according to a putative class action filed in Wisconsin federal court on Friday.

  • May 26, 2017

    Objector Must Pay Bond For $15M Fee Appeal In TCPA Action

    An Illinois federal judge will require well-known objector counsel Christopher Bandas to post a bond to appeal the award of nearly $15 million in attorneys' fees for plaintiffs firms in a class action accusing cruise marketing companies of robocalling more than a million people.

  • May 26, 2017

    Chipotle Hit With 2nd Suit From Financial Institution Over Hack

    The legal backlash against Chipotle over a late-April data breach continued to mount on Friday, as the second financial institution in less than a month filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.

  • May 26, 2017

    Ocwen Says Loan Auditor Billed Strip Clubs, Bloated Hours

    A lawsuit filed by Ocwen Financial Corp. alleges that the monitor hired by California regulators as part of a June 2015 mortgage servicing settlement fraudulently inflated monthly rates and attempted to bill Ocwen for employees’ outings to strip clubs and casinos.

  • May 26, 2017

    'Sham' Auto Title Lender Shut Down In Mass., AG Says

    An auto title lender that charged 600 percent interest rates and forced consumers to resolve any disputes in New Zealand is now barred from doing business in Massachusetts, the state attorney general said.

  • May 26, 2017

    Riddell Football Helmet Buyers Drop Concussion Claims Suit

    The football helmet buyers who accused Riddell Inc. of misleading consumers by claiming it used special technology that could reduce the likelihood of concussions have agreed to drop their putative class action, according to a dismissal stipulation filed Thursday in New Jersey federal court. 

  • May 26, 2017

    ComEd Refuses To Hire People With Bad Credit, Suit Says

    Commonwealth Edison Co. was hit in Illinois court Thursday with class allegations that the electricity utility denies jobs to applicants who have poor credit histories even though a state privacy law prohibits employers from inquiring about credit reports.

  • May 26, 2017

    Avis Denied Forced Arbitration Of TCPA Class Action

    Car rental company Avis can’t yet force a Telephone Consumer Protection Act suit into arbitration, a New Jersey federal judge said Thursday, finding that the company and the renter who brought the proposed class action disagree on whether an arbitration agreement exists.

  • May 26, 2017

    Instant Coffee Sex Aid Recalled After Report Of Death

    A Malaysia-based company on Thursday said that it’s recalling an instant coffee product marketed as a sexual enhancement supplement, following the report of an individual’s death after drinking the coffee and a U.S. Food and Drug Administration analysis showing it contained erectile dysfunction drugs.

  • May 26, 2017

    Consumer Agrees To Dismiss Suit Over CVS Vitamins

    A CVS customer on Friday agreed to drop a proposed class action against the drug chain in Rhode Island federal court for allegedly misleading consumers about the heart-health benefits of vitamin E supplements.

  • May 26, 2017

    FCC Chairman Pai Names Media Bureau Chief

    Chairman of the Federal Communications Commission Ajit Pai on Thursday announced Michelle Carey as his pick to oversee the agency's Media Bureau, expanding on her tenure as the division's acting chief.

  • May 26, 2017

    Investors To Appeal Dismissal Of Fannie, Freddie Suit

    Investors seeking to challenge the sweep of profits from Fannie Mae and Freddie Mac instituted by the Obama administration on Thursday said they intend to appeal a Texas federal judge’s decision that dismissed their complaint against the Treasury Department and the Federal Housing Finance Agency.

  • May 25, 2017

    Drivers Seek To Revive Suit After Uber Admits To Underpaying

    An Uber driver who saw his proposed wage-and-hour class action tossed asked a New York federal judge on Thursday to reconsider the dismissal of a breach of contract claim in light of Uber’s recent admission it was mistakenly underpaying New York City drivers, saying his claims were "100 percent on the mark." 

  • May 25, 2017

    Sephora Settles Chinese Customer Account Deletion Row

    A California federal judge said Thursday he would grant final approval to a $950,000 settlement ending class action claims that retailer Sephora breached contracts and racially discriminated against customers when it deactivated thousands of accounts created with Chinese domain name email addresses because it thought they were created by bots.

Expert Analysis

  • Countdown To GDPR Compliance: 1 Year To Go

    Heather Sussman

    The EU's sweeping General Data Protection Regulation will take effect on May 25, 2018. With so much on the line, data controllers and processors will want to take immediate action to prepare for enforcement. The first step is determining whether the GDPR applies to your organization, say attorneys with Ropes & Gray LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • 3 Tips For Using Forensic Firms In Data Breach Response

    Patrick Haggerty

    A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impact of a data security incident and determining the scope of the incident, says Patrick Haggerty of BakerHostetler.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Learning From Social Media For Adverse Event Reporting

    Mei Sheng Duh

    As researchers continue to develop tools and methods to analyze social media data after patients' exposure to pharmaceutical and biotechnology products, it becomes necessary to consider how to best use that data and how to limit the data's uses in identifying and evaluating drug-induced adverse events, say analysts at Analysis Group Inc.

  • What Lawyers Can Learn From United's Passenger Incident

    Peter Shaplen

    Following United Airlines' disastrous response to its recent mishandling of a passenger, the change to note is simply this: While there was always pressure to mount a quick legal response and communicate it, the time frame for this has been reduced to nanoseconds, say Peter Shaplen and Traci Stuart of Blattel Communications.