Consumer Protection

  • August 14, 2024

    LinkedIn Can't Shake Privacy Suit Over DMV Data Collection

    A California federal judge has refused to ax a proposed class action accusing LinkedIn Corp. of unlawfully obtaining users' personal disability information from the state's Department of Motor Vehicles website, rejecting the company's arguments that it was merely acting as a "recording service" for the DMV and that the dispute couldn't proceed without the agency being added as a defendant. 

  • August 14, 2024

    CFPB Faces Call To Treat Housing Rental Leases As 'Credit'

    A major consumer advocacy group has formally petitioned the Consumer Financial Protection Bureau to write new rules that would require landlords to provide "adverse action" explanations when rejecting prospective renters who have applied for an apartment or other housing lease.

  • August 14, 2024

    New York Sues Lease-To-Own Fintech For 'Cheating' Users

    New York state sued lease-to-own fintech company Acima on Wednesday, accusing the firm of taking advantage of consumers with deceptive practices around its lease agreements and interest rates that go far beyond the state's standard for usury.

  • August 14, 2024

    Costco Wants PFAS Kirkland Brand Baby Wipes Suit Tossed

    Costco hit back at a proposed class action over its fragrance-free "natural" baby wipes filed earlier this summer in California federal court, saying that the suit is trying to scare parents by alleging the wipes are tainted with so-called forever chemicals.

  • August 14, 2024

    Apple Accused Of 'Privacy-Washing' Child Porn Problem

    Apple Inc. has engaged in "privacy-washing" by using a purported commitment to users' privacy as an excuse to ignore its "dire" problem with child sexual abuse material being uploaded to and stored on iCloud, according to a proposed class action filed in California federal court.

  • August 14, 2024

    Amazon's Kuiper Says Satellite Framework Needed Soon

    Amazon's Kuiper Systems is pushing the FCC to "take expeditious action" to wrap up new rules dealing with spectrum sharing among non-geostationary orbit fixed-satellite service operators, comments regarding which have been filing into the docket for years.

  • August 14, 2024

    Tuna Price-Fixing Deal Comes With A Catch: $26M In Fish

    Two groups of buyers accusing major canned tuna producers of price-fixing have asked a California federal judge to give the first seal of approval to settlements totaling more than $168 million in cash, plus $26 million in packaged tuna products.

  • August 14, 2024

    Google-Epic Antitrust Judge Vows To 'Tear The Barriers Down'

    A California federal judge appeared impatient Wednesday with Google's arguments against Epic Games' proposed changes to the Google Play Store in the wake of Epic's antitrust jury win, saying the world created by its "monopolist conduct" is changing, and vowing "to tear the barriers down."

  • August 14, 2024

    DOJ Defends Boeing Plea Deal Over Families' Objections

    The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.

  • August 14, 2024

    Amazon Hit With $1.2M Suit Over Immersion Heater

    Amazon is facing a lawsuit from a Colorado church's insurer alleging that the church suffered more than $1.2 million in damages after a fire caused by a 1500-watt immersion heater it bought off the e-commerce giant's platform that was being used to heat a baptismal font.

  • August 14, 2024

    4th Circ. Says Credit Card 'Offset' Ban Applies To HELOCs

    Creditors are prohibited from withdrawing funds from a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent, a divided Fourth Circuit panel ruled Wednesday.

  • August 14, 2024

    CFPB Probe Draws Bead On Sporting Goods BNPL Firm

    Credova, a fintech firm that specializes in buy-now, pay-later loans and other financing options for firearms and outdoor recreational goods purchases, is facing scrutiny from the Consumer Financial Protection Bureau and a potential enforcement action, its parent company said Wednesday.

  • August 14, 2024

    4 States Oppose FTC Bid To Block Kroger-Albertsons Deal

    Four Republican-led states defended Kroger's proposed $25 billion acquisition of Albertsons in an amicus brief Wednesday, telling the Oregon federal judge overseeing the Federal Trade Commission's challenge to the deal that blocking it would actually "weaken, not protect, competition."

  • August 14, 2024

    House Republican Files Bill To Fix 'Rip And Replace' Shortfall

    A Texas Republican has introduced U.S. House legislation to fill the shortfall in the "rip and replace" program to reimburse telecoms for ridding their networks of Chinese-made components, to the tune of $3.08 billion.

  • August 14, 2024

    NY Judge Tosses Noise Suit Against Queens Tennis Club

    A New York state judge on Tuesday dismissed a Queens nonprofit's nuisance suit against The West Side Tennis Club, which was accused of being responsible for excessive noise coming from concerts held at its century-old outdoor stadium in the borough's Forest Hills neighborhood.

  • August 14, 2024

    Texas AG Threatens Suit Over Dallas State Fair's Firearms Ban

    Texas Attorney General Ken Paxton has threatened to sue the city of Dallas if it doesn't reverse a policy prohibiting state fair patrons from bringing firearms into the fairgrounds.

  • August 14, 2024

    FTC Finalizes Rule To Crack Down On Fake Online Reviews

    The Federal Trade Commission on Wednesday announced it has finalized a rule to thwart marketers from using false reviews and testimonials, cementing the agency's authority to seek civil penalties from knowing violators for a host of misconduct including the use of AI-generated fake reviews.

  • August 14, 2024

    Philly Art School Hit With Students' Suit Over Abrupt Closure

    Two former students at the University of the Arts claimed the school's sudden shutdown in June was without proper heads-up or guidance, according to a potential class action in Pennsylvania federal court.

  • August 14, 2024

    Insurer Fights $29M Judgment Over Fatal Crash Coverage

    An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.

  • August 14, 2024

    Fraternity Says Lehigh Univ. Hazing Suit Lacks Conn. Ties

    The national parent organization for a fraternity accused of hazing a Connecticut man when he joined a chapter in Pennsylvania says a Connecticut federal court should throw out the suit or transfer it to Pennsylvania.

  • August 14, 2024

    Wyoming Hemp Cos. Bring Challenge To 10th Circ.

    After a Wyoming federal judge declined to block enforcement of a newly enacted law regulating hemp-derived intoxicating products in the state, the businesses that brought the challenge said on Wednesday they would appeal the matter to the Tenth Circuit.

  • August 14, 2024

    CPSC Foes Widen Assault On New Deal-Era Precedent

    A maker of child care products is asking the U.S. Supreme Court to decide the constitutionality of protections barring the president from firing U.S. Consumer Product Safety Commission members without good cause, telling the justices that the powerful agency doesn't fit the narrow exceptions to the White House's otherwise unrestricted removal authority.

  • August 14, 2024

    DoorDash Contract Can't Shield ID Service From BIPA Claims

    Identity verification service Persona Identities Inc. shouldn't have been allowed to rely on DoorDash's contract with two drivers to redirect their biometric privacy claims from court to arbitration, an Illinois appellate panel has ruled.

  • August 14, 2024

    Streaming Cos. Ask FCC To Gauge Fixed Broadband Market

    Video streamers and other edge providers hope to make one thing clear as the Federal Communications Commission dissects competition in the high-speed internet space — the fixed broadband service market is still dominated by a few heavyweights and more should be done to assess how the addition of new competitors affects individual markets.

  • August 14, 2024

    4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight

    The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.

Expert Analysis

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • What To Know As Children's Privacy Law Rapidly Evolves

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    If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Md. Deal Highlights Consumer Finance Program Regulations

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    Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Nat'l Security Considerations For Telecom Products Counsel

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    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

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    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

  • Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.

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    The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.

  • Unpacking The Increasingly Popular Fair Credit Billing Act

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    The Fair Credit Billing Act is receiving increased attention from regulators and consumers disputing credit card charges, so creditors should understand its procedural requirements — including the law's focus on the mechanics of a dispute and its potential to create civil liability, say David Gettings and Courtney Hitchcock at Troutman Pepper.

  • Takeaways From EU's Initial Findings On Apple's App Store

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    A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.

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