Consumer Protection

  • January 15, 2025

    Atrium Health Accused Of Giving Patient Data To Google

    Atrium Health installed trackers in its mobile app and website to collect patients' data without their consent and then shared that personal information with Google and Facebook for targeted advertising, according to a proposed class action in North Carolina Business Court.

  • January 14, 2025

    Wells Fargo Fights To Drop Officers From Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to free three executives from a derivative lawsuit filed by shareholders claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices, saying there are no allegations that explain why a presuit demand to the board would have been futile.

  • January 14, 2025

    OCC Fines Ex-Wells Fargo Execs $18.5M For Sales Practices

    The Office of the Comptroller of the Currency said Tuesday that it has fined three former Wells Fargo executives a total of $18.5 million for their alleged roles in the banking giant's fake accounts scandal, capping off contested enforcement proceedings against them.

  • January 14, 2025

    Google, YouTube Can't Escape Suit Over Kids' Data Collection

    A California federal judge has refused to release Google and YouTube from a proposed class action accusing them of illegally collecting children's data to generate targeted advertising, while cutting Cartoon Network, DreamWorks, Hasbro Studios and several other owners of popular kid-friendly YouTube channels from the long-running dispute. 

  • January 14, 2025

    ACT Mouthwash Label Poses Risk For Kids, Parents Claim

    Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.

  • January 14, 2025

    Wash. Justice Asks If Gun Law Impedes Self-Defense Right

    A Washington state justice asked Tuesday if a state law banning the sale of large-capacity magazines for firearms can survive recent U.S. Supreme Court rulings expanding gun rights, noting that millions of people own the ammunition devices for self-defense.

  • January 14, 2025

    BofA Says Military Interest Law, Not Bank, To Blame In Suit

    Bank of America has hit back at a class action suit accusing the financial giant of violating an interest cap law for military service members, arguing that the suit fails to allege any actual violations of the law and that Congress considered and decided against the interest rate requirement that the plaintiffs seek to impose.

  • January 14, 2025

    'Totally A Tactic': Judge Rips Apple For Discovery Delays

    The California federal judge presiding over Epic Games' antitrust compliance fight with Apple criticized the tech giant's efforts to withhold tens of thousands of documents under attorney-client privilege, telling Apple's counsel at a hearing Tuesday that "in large part, this is delay ... it's totally a tactic" and "there will be consequences."

  • January 14, 2025

    GOP Objects To FTC Move To Protect Unionizing Gig Workers

    The Democratic-led Federal Trade Commission held its final meeting before President-elect Donald Trump takes office next week, moving to protect unionizing gig workers and examine investor holdings in the single-family-housing market, while the Republican waiting to take the helm said the body should stop announcing new plans.

  • January 14, 2025

    CFTC To Review Crypto Co.'s Sports Event Contracts

    The U.S. Commodity Futures Trading Commission said Tuesday it plans to take a closer look at contracts tied to the outcome of high-profile sporting events trading on digital asset exchange Crypto.com, which self-certified the products in the final days of 2024.

  • January 14, 2025

    FCC Reverses Judge, Rejects Disputed C-Band Payment

    Reversing an in-house judge's decision, the Federal Communications Commission has denied a further payment of nearly $70,000 to a company that claimed it was owed more for relocating from the C-band airwaves to make way for 5G wireless.

  • January 14, 2025

    Crypto Co.'s Lax Compliance Enabled Hackers, Suit Says

    A proposed class action in California federal court accused digital asset exchange OKX of flouting U.S. laws and allowing criminals to launder stolen funds through its platform, including $725,000 worth of crypto looted from the crypto investor leading the suit.

  • January 14, 2025

    Texas Porn Law Unlikely To Alter Justices' Free Speech Views

    Texas' push before the U.S. Supreme Court for a relaxed standard of judicial review in First Amendment cases is unlikely to come to fruition, as decades of precedent work against the state's law requiring age verification on pornography sites.

  • January 14, 2025

    CDK Cuts Latest Deal In Auto Dealer Data Suit, With App Class

    CDK Global LLC inked a new settlement to resolve more claims of monopolizing the market for auto dealership management software, this time with a class of vendors who make apps for dealerships, in a case that had been set for trial Jan. 27 in Wisconsin federal court.

  • January 14, 2025

    Fuse Says Skydance Deal Poses Harms To Ad-Based Streaming

    Fuse Media has told the Federal Communications Commission that the planned $8.4 billion merger of Skydance Media with Paramount Global would harm some of their market competitors, including free advertising-based streaming.

  • January 14, 2025

    Cannabist Moves Illinois Oil Potency Case To Federal Court

    The Cannabist Co. Holdings and its affiliated companies have removed to federal court a suit alleging they make products using highly potent cannabis oils without warning consumers that the amounts of THC are illegal in Illinois.

  • January 14, 2025

    Equifax To Pay $725K For Inaccurate Credit Score Reporting

    Equifax Information Services LLC has agreed to a $725,000 settlement with the New York Attorney General's Office to resolve claims that the credit reporting agency inaccurately reported tens of thousands of New Yorkers' credit scores to lenders between March and April 2022, causing inflated costs for loans and other products.

  • January 14, 2025

    Carvana To Settle Connecticut AG's Consumer Suit For $1.5M

    Online car dealer Carvana LLC will pay $1.5 million to settle the state of Connecticut's claims that it delayed sending title and registration papers to buyers and didn't advance timely payments to vehicle sellers, Attorney General William M. Tong said on Tuesday.

  • January 14, 2025

    FTC Issues Second Report On PBMs, Expanding Study Scope

    The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.

  • January 14, 2025

    Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial

    A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.

  • January 14, 2025

    EPA Warns Of Possible Forever Chemical Risk In Fertilizer

    The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.

  • January 14, 2025

    Eli Lilly Says Colo. Clinic Selling Deceptive Weight Loss Drug

    Eli Lilly & Co. has sued a Denver health clinic for allegedly selling "unapproved and potentially dangerous" drugs marketed to treat type 2 diabetes and obesity, which the pharmaceutical company said could give consumers the false impression that its U.S. Food and Drug Administration-approved medications don't work.

  • January 14, 2025

    TikTok Says NC Can't Fault Platform For Being 'Too Engaging'

    TikTok Inc. has asked for an early exit from the North Carolina attorney general's lawsuit accusing the video platform of harming young users, saying it has no significant ties to the Tar Heel state and the AG's office can't otherwise build a case around its platform being "too engaging."

  • January 14, 2025

    Mass. AG Says Insulin Makers, Middlemen Colluded On Costs

    Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.

  • January 14, 2025

    DOJ Accuses PE Giant KKR Of Dropping Merger Disclosures

    The Justice Department filed an extraordinary lawsuit Tuesday accusing private equity giant KKR & Co. Inc. of repeatedly flouting its merger notification requirements, "altering" or "systematically omitting" documents on some deals and failing entirely to notify enforcers of at least two, including a $6.9 billion transaction, only for KKR to file its own suit in response.

Expert Analysis

  • Making The Pitch To Grow Your Company's Legal Team

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    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.

  • The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

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    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.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    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.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    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.

  • Conducting A 'Reasonably Expected Market Area' Analysis

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    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.

  • Opinion

    Justices Rightly Corrected Course In Nvidia And Facebook

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    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.

  • Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

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    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.

  • 2024 Regulatory Developments For Bank-Fintech Partnerships

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    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.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    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.

  • When US Privilege Law Applies To Docs Made Outside The US

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    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.

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit

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    A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.

  • What To Know About FinCEN's Deepfake Warning

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    A recent alert from the Financial Crimes Enforcement Network warns about the increased use of deepfake media to target financial institutions and their customers, showing that what seems like futuristic technology is a current threat that requires diligent controls and awareness of red flags, say attorneys at Davis Wright.

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

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    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

  • Impact Of Corporate Transparency Act Ambiguity On Banks

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    Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.

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