Consumer Protection

  • October 23, 2024

    CFPB's Chopra Touts Open Banking Rule After Industry Rips It

    Consumer Financial Protection Bureau Director Rohit Chopra on Wednesday promoted his agency's new open banking rule to a fintech audience amid stiff opposition from banks, saying "incumbents" can't be allowed to box out the competition that expanded financial data-sharing will enable.

  • October 23, 2024

    CFPB, Chicago-Area Lender Say Redlining Suit Deal Is 'Likely'

    The Consumer Financial Protection Bureau and a Chicago-area mortgage lender have said in a filing that they could be close to settling claims that the lender illegally disparaged majority-Black neighborhoods.

  • October 23, 2024

    Stop & Shop Parent Co. Sued Over Orange Soda Ingredient

    The parent company of grocery stores Stop & Shop, Food Lion, Hannaford and others was hit with a proposed class action Tuesday in North Carolina federal court alleging that the company's orange soda contained an oil additive that allegedly can cause neurological damage.

  • October 23, 2024

    Firms Ask DC Court To Nix 'Retaliatory' Canadian Arbitrations

    Two plaintiffs' law firms are urging a D.C. federal court to bar the operators of two allegedly illegal online casinos from pursuing "retaliatory" arbitrations in Canada against their clients, arguing they're trying to bully clients into submitting to a non-U.S. friendly arbitral institution.

  • October 23, 2024

    Advocacy Group Denies Political Bent In Fox Philly Fight

    An advocacy group is coming out swinging against claims its attempts to strip a Philadelphia Fox television station of its license for peddling conspiracy theories about the 2020 election is partisan, telling the FCC that its petition is about the station's deliberate choice "to lie to the American people."

  • October 23, 2024

    Late Smoker's Spouse Can Argue Survivor's Benefits At Retrial

    The husband of a deceased smoker whose $157 million win against tobacco companies was erased can claim surviving spouse damages under Florida's Wrongful Death Act on retrial even though he was not married to his partner at the time he was diagnosed with lung disease, according to an opinion released Wednesday by a Florida appeals court.

  • October 23, 2024

    Conn. Dispensary Can't Fight $500K Fee, State Agency Says

    Connecticut's consumer protection agency is urging a superior court to trash a suit accusing state officials of causing a marijuana dispensary to miss a deadline and costing it half a million dollars, arguing that the state law doesn't give the court the authority to second-guess the state-issued bill.

  • October 23, 2024

    Wash. Health System Says HHS Let J&J 'Abuse' 340B Program

    A Washington safety net provider claims in a new suit that the federal government let Johnson & Johnson abuse the 340B drug discount program by allowing the manufacturer to pursue an "overbroad" and "intrusive" audit of the provider's drug purchases.

  • October 23, 2024

    DOJ Bolsters Defense In Pork Price-Fixing Case, Cos. Say

    Hormel, Tyson, JBS and other pork producers told a Minnesota federal court that a Justice Department intervention into a private price-fixing litigation actually backs their defense, even though the government took no position on the merits of the case.

  • October 23, 2024

    Dallas Judge Denies Nightclub's TRO, Citing 'Gamesmanship'

    An attorney who owns a Dallas nightclub shouldn't have waited until 6 a.m. Wednesday to alert the city attorney's office about a hearing in the club's effort to stall the city council's vote on zoning approval, a state judge said during the hearing, calling it "gamesmanship."

  • October 23, 2024

    Fla. College Savings Plan Wasn't Impaired By Fee, Court Told

    A Florida agency that administers the state's prepaid college savings program urged a federal judge Wednesday to toss a proposed class action brought by parents alleging their promised benefits were deprived with an additional fee, arguing that they fail to state a cause of action.

  • October 23, 2024

    Amazon Must Face Drivers' Tip Suit Despite FTC Settlement

    A Washington federal judge largely refused Wednesday to toss a proposed class action accusing Amazon of violating Evergreen State laws by withholding portions of drivers' tips, saying the claims are still valid despite the Federal Trade Commission reaching a nearly $62 million deal with the company over the same alleged conduct.

  • October 23, 2024

    Telecom Group Sues To Cancel FTC's 'Click To Cancel' Rule

    A major cable and internet industry group and others sued the Federal Trade Commission Wednesday over its new "click to cancel" rule, asking the Fifth Circuit to vacate the regulation one week after it was adopted in a 3-2 commission vote.

  • October 23, 2024

    FCC To Probe Broadband, Cable And Phone Customer Service

    The Federal Communications Commission is looking to find out how well the broadband, video distribution and phone industries are doing when it comes to customer service.

  • October 23, 2024

    Pool Seller Gets Claims Trimmed In Child Drowning Suit

    A Missouri federal judge has thrown out the bulk of a couple's claims against pool seller Bestway (USA) Inc. over the drowning death of their daughter, dismissing negligence and warranty claims while allowing strict liability claims to go forward.

  • October 23, 2024

    SoClean Says Philips Can't Stand In For Damaged CPAP Users

    SoClean Inc. asked a Pennsylvania federal court to toss Philips RS North America's proposed class-action claims from a multidistrict litigation, arguing that after settling with customers who had to replace their CPAP and BiPAP breathing machines, Philips was really only coming after SoClean on its own behalf.

  • October 23, 2024

    American Airlines Fined $50 Million For Disability Violations

    American Airlines received a $50 million penalty from the U.S. Department of Transportation Wednesday for "serious violations" of disability laws protecting people in wheelchairs, with the department saying the violations included injuring or mishandling disabled travelers, damaging their wheelchairs or failing to return the devices promptly.

  • October 23, 2024

    Securities Claim Cut From Fraud Suit Against Calif. Developer

    A California federal judge trimmed a securities claim from a Sonoma resident's suit against a real estate company embroiled in a fraud scandal and recommended that the rest of the claims be brought in state court.

  • October 23, 2024

    Roundup Suit Pared As Preemption Claim Sways Mass. Judge

    A Massachusetts judge has dismissed portions of a suit claiming a woman's use of the weedkiller Roundup caused her cancer, ruling a federal labeling law preempts her theory that Monsanto failed to warn consumers about the chemical's dangers.

  • October 23, 2024

    Roche CEO Says Novo-Catalent Deal Should Be Blocked

    The CEO of Swiss pharmaceutical company Roche injected himself into the controversy surrounding Novo Holdings' planned $16.5 billion acquisition of Catalent on Wednesday, stating that he thinks antitrust authorities should block the deal due to its anticompetitive implications.

  • October 23, 2024

    Feds Urge High Court To Deny Cig Cos.' Bid To Ax New Rule

    The U.S. Food and Drug Administration is asking the U.S. Supreme Court not to grant certiorari to a group of tobacco companies aiming to vacate a rule requiring larger warnings on cigarette boxes, saying the Fifth Circuit rightly found the proposed warnings don't violate the First Amendment's protection against compelled speech.

  • October 23, 2024

    Ga. Firm Owner Denies SEC Ponzi Scheme Allegations

    The owner of an Atlanta-area firm accused of running a multimillion-dollar "classic Ponzi scheme" has denied all wrongdoing, telling a Georgia federal judge he merely acted in reasonable reliance on others' advice and experience.

  • October 23, 2024

    DC Judge Won't Let DQ'd Atty Back On Dominion Case

    A D.C. federal judge has refused to disturb an order disqualifying an indicted Michigan attorney from representing former Overstock CEO Patrick Byrne against a defamation lawsuit brought by Dominion Voting Systems.

  • October 23, 2024

    CFPB Says Goldman, Apple To Pay $89.8M Over Card Program

    The Consumer Financial Protection Bureau said Wednesday that it has ordered Goldman Sachs and Apple to pay more than $89 million for alleged violations tied to their Apple-branded credit card partnership, including claims of mishandled customer disputes, misleading marketing and wrongful charges.

  • October 22, 2024

    Fraud Detector Inks $500K Deal In Webster Bank Breach Probe

    A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.

Expert Analysis

  • Series

    NC Banking Brief: All The Notable Legal Updates In Q2

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    After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Series

    After Chevron: No Deference, No Difference For SEC Or CFTC

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    The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • What Passage Of House Crypto Bill Could Mean For Industry

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    While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Advisers Can Avoid Gaps In SEC Marketing Rule Compliance

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    A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.

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