Consumer Protection

  • February 20, 2025

    11th Circ. Asked To Reinstate FCC's One-To-One Consent Rule

    A pro-consumer group urged the Eleventh Circuit to revisit a ruling last month that overturned the Federal Communications Commission's requirement that individual businesses obtain each consumer's consent to contact them through comparison shopping sites.

  • February 20, 2025

    Schwab Antitrust Settlement With Investors Gets Initial OK

    A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.

  • February 20, 2025

    Education Tech Firm Faces Class Action In NC Over Data Hack

    A nationwide education technology platform got hit with a proposed class action in North Carolina on Thursday over a "massive and preventable cyberattack" which allegedly exposed personal information including health data for up to 18,000 of its users.

  • February 20, 2025

    Drug Buyers Get OK On $275M Sandoz Antitrust Settlement

    Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.

  • February 20, 2025

    No Deal In Sight For DOJ's Case Against Amex GBT Merger

    The Justice Department and American Express Global Business Travel appear unlikely to settle a government challenge to the planned $570 million purchase of CWT, according to a New York federal court filing that came just a day after the transaction got a boost from U.K. authorities.

  • February 20, 2025

    Home Equity Lender Preys On Consumers, Mass. AG Alleges

    Home equity investment company Hometap Equity Partners is violating Massachusetts consumer protection laws by offering what amounts to unregulated versions of reverse mortgages to vulnerable consumers, the state's attorney general charged in a lawsuit filed Wednesday in state court.

  • February 20, 2025

    Competition Group Of The Year: Cravath

    Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.

  • February 20, 2025

    EV Maker Nikola Aims For Quick Ch. 11 Sale

    Counsel for Nikola Corp., which makes electric and hydrogen-powered trucks, told the Delaware bankruptcy court on Thursday the company hopes to hold a bankruptcy auction by the end of March and find a buyer before its cash runs out in mid-April.

  • February 20, 2025

    Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal

    Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.

  • February 20, 2025

    BakerHostetler Environmental Pro Jumps To Morgan Lewis

    Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.

  • February 19, 2025

    Eaton Fire Class Action Blames SoCal Edison Power Lines

    Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.

  • February 19, 2025

    Meta Should've Preserved Health Tracking Data, Judge Says

    A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."

  • February 19, 2025

    News Site Ditches Suit Over Sharing Of Visitors' IP Addresses

    A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law. 

  • February 19, 2025

    2nd Circ. Affirms 'Reverse Redlining' Verdict Against Lender

    A split Second Circuit panel Wednesday upheld a jury verdict finding Emigrant Mortgage Co. engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, affirming the claims began accruing when the plaintiffs learned they were the victims of discrimination and not when the loans were signed.

  • February 19, 2025

    Broadband Maps Should ID Subsidized Networks, FCC Told

    NTCA — The Rural Broadband Association urged the Federal Communications Commission to update the National Broadband Maps to include whether a location is served by an unsubsidized competitor and therefore not eligible for high-cost support from the agency, saying it would make the situation easier for everyone.

  • February 19, 2025

    Citi Moves To Appeal NY Judge's Wire Fraud Protection Ruling

    Citibank NA has asked a New York federal judge for permission to appeal his decision allowing New York's attorney general to move forward with a lawsuit accusing the bank of failing to respond properly to incidents of online wire fraud.

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal

    The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    FTC 'Independence' When Dissent Can 'Get You Fired'

    The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.

  • February 19, 2025

    Robinhood Says It Faces New Scrutiny From States, FDIC

    Online brokerage Robinhood is facing investigations from Massachusetts' state securities regulator and the Federal Deposit Insurance Corp. alongside an ongoing probe from the New York attorney general, the firm disclosed in its latest filing with the U.S. Securities and Exchange Commission.

  • February 19, 2025

    NY Vows To Fight Trump's Bid To Kill Congestion Pricing

    New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.

  • February 19, 2025

    SEC Says Duo Ran $1.5M Scam To Fund Deal With Red Flags

    The U.S. Securities and Exchange Commission has accused two California insurance brokers and their firm of fraudulently raising $1.5 million from an investor and then losing the money to an overseas investment scheme that the agency said presented many red flags. 

  • February 19, 2025

    FCC Decision To Nix Complaint Against Fox TV Appealed

    A media advocacy group appealed a mid-January Federal Communications Commission decision to toss a complaint against Fox TV's Philadelphia station over misinformation that aired following the 2020 election.

  • February 19, 2025

    Prospect Medical Blames Yale Lawsuit For Ch. 11 Filing

    Bankrupt hospital operator Prospect Medical Holdings is seeking to convince a Connecticut federal judge to have a bankruptcy court oversee a $435 million lawsuit through which Yale New Haven Health is trying to back out of buying three Prospect hospitals, saying the case played a key role in its bankruptcy filing.

Expert Analysis

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance

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    Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Call For Input Shows How Banks, Fintechs Can Address Risks

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    A recent request for information by federal banking regulators suggests that watchdogs are zeroing in on the bank-fintech partnerships they have long perceived as risky to consumers, but analyzing the publication can help companies anticipate regulators’ chief concerns and take steps to avoid becoming enforcement targets, say attorneys at K&L Gates.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • How New OCC Priorities Will Affect Bank Compliance

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    With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • Website Accessibility Ruling Leaves Circuit Split Unresolved

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    A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.

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