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Consumer Protection
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February 26, 2025
Arkansas Hits GM With Suit Over 'Deceptive' Driver Data Sales
Arkansas' attorney general has become the latest to take aim at General Motors Co. over its data privacy practices, filing a lawsuit in state court Wednesday accusing the automaker of padding its profits by deceptively collecting and selling drivers' private data, which purchasers would then resell to insurance companies.
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February 26, 2025
Pornhub Data Privacy Suit Will Go To Arbitration
A group of foreign companies that allegedly operate the website Pornhub have won their bid to send a proposed data privacy class action into arbitration, after a California federal judge ruled that an arbitrator must decide whether the companies waived their right to arbitration.
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February 26, 2025
Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit
A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."
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February 26, 2025
Trump's CFPB Pick Says Agency's 'Past Excesses' Must End
President Donald Trump's nominee to run the Consumer Financial Protection Bureau will tell senators on Thursday that a "crisis of legitimacy" plagues the beleaguered agency, casting it as an out-of-control regulator that needs to be brought to heel.
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February 26, 2025
Wash. Biz Group Fears Amazon Loss In Price-Gouging Suit
Washington's largest business group is siding with Amazon's bid to dismiss a proposed class action alleging price-gouging during the COVID pandemic, in an amicus brief Wednesday that said consumers want to impose a flawed reading of consumer protection law that would leave businesses in limbo guessing what is fair or unfair.
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
Driver's Suit Time-Barred Because Alleged Defect Too Obvious
A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.
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February 26, 2025
Ga. Judge OKs Deal To End Feds' Apartment Access Probe
A Georgia federal judge has signed off on a series of consent orders resolving a civil suit brought by the federal government against a Savannah apartment complex and a local housing authority over allegations that they denied a disabled resident an accessible apartment in spite of her repeated accommodation requests.
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February 26, 2025
Debt Collectors Accused Of Preying On Fla. Military Members
Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.
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February 26, 2025
Senators Want Federal Broadband Money To Be Tax-Exempt
Telecom companies set to collectively receive billions in federal dollars aimed at subsidizing the build-out of broadband infrastructure won't have to pay taxes on those funds, if a bipartisan group of senators gets its way.
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February 26, 2025
Broadcasters Say Next-Gen TV Transition Must Move Faster
It's time to finish up the transition to the next generation of television broadcasting, and the Federal Communications Commission should move things along or the "realistic window for implementation could pass," broadcasters are telling the agency.
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February 26, 2025
Capital One Can't Delete Suit Over 'Refer A Friend' Texts
Capital One cannot slip a lawsuit accusing it of violating a state ban on unsolicited texts with advertisements by encouraging customers to send "refer a friend" messages, with a Washington federal judge telling the company its consent notice was not good enough.
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February 26, 2025
Web Liability Fix Faces 'Persuasive' Test, FCC Expert Says
It won't be easy for the Federal Communications Commission to weaken tech platforms' liability shield as some Republicans want to do, but the commission could still make changes that courts find "persuasive," a former FCC lawyer now leading a pro-business group said on a blog Tuesday.
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February 26, 2025
CBD Co. Sues Rivals Over Topical Treatment Patents
CBD product maker Metronome LLC on Wednesday filed three complaints against competitors in Colorado and Wisconsin, alleging that the other companies' products infringe their patents for topical treatments that use cannabis derivatives.
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February 26, 2025
Google Photos Service Illegally Scans Facial Data, Suit Says
Google has been sued in Illinois state court by two residents who claim their privacy was violated through Google Photos' collection and retention of face templates, created to compare the similarity of faces in photos for the purposes of grouping them.
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February 26, 2025
Driver Accuses Geico Of Lying About Accident Forgiveness
Geico unlawfully disguises rate increases as surcharges, a driver alleged in a suit filed in Texas federal court, saying his premium nearly doubled after an accident despite being enrolled in an accident forgiveness program.
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February 26, 2025
Trump Says FCC Right To Probe '60 Minutes' Interview Editing
President Donald Trump on Wednesday repeated his claim that CBS doctored a "60 Minutes" interview with Kamala Harris last year, likely costing him votes in the November election, and said the Federal Communications Commission is looking "very strongly" into the matter.
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February 26, 2025
Banks' Fight Over CFPB Open Banking Rule Put On Pause
A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.
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February 26, 2025
Top Dem Urges Trump To Leave Independent Agencies Alone
The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.
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February 26, 2025
DOJ Says RealPage Can't Ditch Antitrust Claims
The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.
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February 26, 2025
Judge Won't Disqualify Firm In Solar Co. Fraud Fight
A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.
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February 26, 2025
CVS Ordered To Comply With FTC's PBM Subpoena
A D.C. federal judge is ordering CVS to turn over new materials in the Federal Trade Commission's investigation into its pharmacy benefit manager Caremark Rx, saying that just because producing updated documents would cost the company more doesn't mean it faces an "undue burden."
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February 26, 2025
Mass. High Court Reaffirms No Private Right To Atty Discipline
Massachusetts' highest court on Wednesday reaffirmed that there is no private right of action to compel the state bar to open an investigation or disciplinary proceedings.
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February 25, 2025
Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims
Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
Expert Analysis
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.