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Consumer Protection
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September 09, 2024
X Corp. Could Expose Donors To Death Threats, Per Watchdog
Watchdog Media Matters for America claims that for X Corp. to compel production of its donor lists would breach the First Amendment, saying in a Friday brief in a Texas federal court that if the documents go public, its donors would receive violent threats and other abuse.
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September 09, 2024
Generics Makers Want Mo. Sanctioned In Price-Fixing Case
Teva Pharmaceuticals Inc., Mylan Inc. and other generic-drug makers accused by state enforcers of fixing prices have urged a Connecticut federal judge to punish the state of Missouri for failing to provide information requested by the drug companies.
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September 09, 2024
Philly Noncompete Ban Challenger Wants Case Paused
A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.
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September 09, 2024
Conn. Bank Hit With Class Claims Over Overdraft Fees
Fairfield County Bank improperly charged $37 overdraft fees on "authorize positive, settle negative," or APSN, transactions, according to a putative class action in Connecticut state court that claims a fee is triggered even if a customer's money is available at time of purchase.
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September 09, 2024
Handbag Market Probed As FTC's $8.5B Merger Hearing Starts
A New York federal judge heard dueling narratives about the existence of an "accessible luxury" handbag market Monday, as the Federal Trade Commission seeks to halt a proposed $8.5 billion merger between the owners of Michael Kors and Coach.
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September 09, 2024
Ally Bank Hit With Negligence Suit Over Data Breach
Ally Bank faces a proposed class action filed Saturday in North Carolina federal court by a customer who said its negligence and failure to implement basic data security practices led to the leaking of customers' sensitive information onto the dark web following a data breach earlier this year.
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September 09, 2024
Meta Wants Mike Huckabee's Fake CBD Ad Suit Tossed
Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov. Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
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September 09, 2024
Novo Nordisk Sues Over Ads For Diabetes, Weight Loss Drugs
A New Jersey company violated trademark and false advertising laws by promoting drugs without a regulatory green light as being generic versions of Novo Nordisk's Ozempic and Wegovy medications, according to a lawsuit filed in New Jersey federal court.
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September 09, 2024
Apartment Cooperative Hits Chapter 11 Amid Takeover Fight
The management of Success Village Apartments Inc. has filed for Chapter 11 bankruptcy protection in the District of Connecticut, citing between $1 million and $10 million in debt, amid court battles with local communities and utility companies that sought to force the 900-unit housing cooperative into receivership.
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September 06, 2024
Earthlink Investors Accept $85M Deal To End Merger Suit
Earthlink investors who say they were duped into approving a $1.1 billion merger with failing telecommunications company Windstream Holdings Inc. told an Arkansas federal judge Friday that they've reached an $85 million deal to end the lawsuit two months before the case was scheduled to go to trial.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
TV Stations Fined $3.3M For Mixing Hot Wheels Shows And Ads
The Federal Communications Commission on Friday confirmed fines totaling $3.33 million for Sinclair Broadcast Group Inc. and 18 other broadcasters for violating the Children's Television Act and commission rules by running Hot Wheels toy commercials during a Hot Wheels show on the air.
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September 06, 2024
Ex-CEO Of Defunct Solar Co. Seeks Sanctions In Fraud Suit
The former CEO of a bankrupt solar energy firm filed a motion for sanctions Friday in Michigan federal court, alleging the plaintiffs' counsel misrepresented the ex-CEO's inability to produce information during a discovery meeting regarding claims he defrauded customers by selling faulty solar systems.
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September 06, 2024
Health-Ade Settles Suit Over 'Forever Chemicals' In Kombucha
A consumer who filed a proposed class action against popular kombucha-maker Health-Ade LLC claiming the beverages contained "forever chemicals" has apparently settled her claims against the company, according to an order issued by a New York federal judge.
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September 06, 2024
DOT Probe Of Airlines' Rewards Spells Fresh Headaches
A new U.S. Department of Transportation investigation into frequent flyer rewards programs at the so-called Big Four U.S. airlines will cause fresh regulatory headaches for an airline industry that's already smarting from a rash of Biden administration competition- and consumer-driven initiatives.
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September 06, 2024
DuPont Spinoff Must Explain Record Policy For Missing Docs
A discovery referee for North Carolina's Business Court is ordering a DuPont spin-off to share its document retention policy with the attorney general after dozens of boxes of information the state wanted for a lawsuit over PFAS pollution were not made available from storage facilities.
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September 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in August on issues such as revamping the 4.9 gigahertz spectrum band, using high-power surveillance devices in already crowded Wi-Fi airwaves, fixing mobile "dead zones," stopping scam texts, and more.
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September 06, 2024
EU Antitrust Chief Charts Path Forward After Illumina Setback
The European Union's top antitrust official said a recent ruling that found enforcers lacked authority to probe Illumina's $8 billion acquisition of Grail put an end to an important merger review tool and suggested legislation may be needed to plug the gap.
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September 06, 2024
Abbott Hit With False Ad Suit Over Toddler Nutrition Drink
A proposed class of consumers is suing Abbott Laboratories in California federal court, alleging that it misleads buyers by claiming its toddler drinks provide a number of health benefits when in fact they are harmful and contain added sugars.
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September 06, 2024
Calif. Gov. Targets Hemp Intoxicants With Emergency Ban
California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.
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September 06, 2024
CFPB's Zelle Scrutiny Leaves Banks Guessing On Next Moves
As federal regulators turn up the heat on major banks over long-simmering complaints about fraud and scams on Zelle, the largest U.S. peer-to-peer payments platform, it remains unclear whether more banks could face scrutiny and what they can do to get ahead of it.
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September 06, 2024
SEC Fraud Suit Against Battery Co. Survives Dismissal Bid
A California federal judge has rejected battery developer NDB Inc.'s motion to dismiss a U.S. Securities and Exchange Commission suit alleging the company and its CEO misled investors about the prospects of so-called nano-diamond battery technology, saying the SEC sufficiently pled that the defendants were the "maker" of statements that were materially misleading to investors.
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September 06, 2024
'Insanity Tolling' May Save Ford Rollaway Claims, Panel Says
A split Michigan appellate panel has revived a lawsuit against Ford Motor Co. from a woman who was run over by her Ford Escape, finding her debilitating stress and depression may entitle her to an exception to the statute of limitations.
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September 06, 2024
State Law Claims Chopped From Jeep Windshield Defect Suit
A New Jersey federal judge has dismissed all state law consumer protection claims from a proposed class action alleging FCA US LLC sold Jeep vehicles with defective windshields, finding the plaintiffs' allegations that they did "online research" about the vehicles are not enough to show the company made any misrepresentations.
Expert Analysis
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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CrowdStrike Incident Highlights Third-Party Risk For Banks
The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Key Concerns To Confront In FDIC Brokered Deposit Proposal
Banks and fintech companies should note several fundamental issues with the Federal Deposit Insurance Corp.'s recent proposal to widen how it classifies brokered deposits, an attempt to limit prudential risk that could expose the industry and underbanked consumers who rely on bank-fintech apps to widespread unintended consequences, say attorneys at Gibson Dunn.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.