Consumer Protection

  • March 13, 2025

    9th Circ. Won't Block Consolidation Of Uber Assault Cases

    The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.

  • March 13, 2025

    Calif. Kids' Privacy Law Again Fails Constitutional Challenge

    A California federal judge on Thursday again blocked the state from enforcing a landmark law requiring tech giants to bolster privacy protections for children, finding that a second review of the dispute didn't change the conclusion that tech trade group NetChoice was likely to succeed with its First Amendment challenge. 

  • March 13, 2025

    Vought-Led CFPB Still Wants $43M Order In Debt Relief Case

    The Consumer Financial Protection Bureau urged an Illinois federal judge Thursday to order the head of a defunct debt-relief company to pay $43 million in fines and restitution, sticking with a Biden-era request for penalties in the case.

  • March 13, 2025

    Feds Can't Pause NYC Congestion Pricing Cases

    A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.

  • March 13, 2025

    Eddie Bauer Can't Ditch Outlet Tag False Ad Action

    Eddie Bauer cannot escape a proposed class action alleging the clothing brand's outlet store price tags exaggerated markdowns, a Seattle federal judge ruled Wednesday, saying the complaint is timely and adequately alleges that the retailer's use of certain phrasing on the tags is misleading under Oregon law.

  • March 13, 2025

    Bankers Seek 1-Year Waiver Of TCPA Consent Rule

    Banking organizations asked the Federal Communications Commission for a one-year waiver of a consumer consent rule under the Telephone Consumer Protection Act that restricts their ability to make prerecorded calls and texts once consent has been revoked.

  • March 13, 2025

    NY AG James Pitches Bill To Expand Consumer Protection Law

    New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Snack Maker Sued Over No-Preservative Label Claims

    Chip company Late July Snacks LLC has misled consumers into thinking its nachos and other tortilla products are "all natural," when in reality, they contain an artificial preservative, according to a woman's proposed class action removed Wednesday by the company to California federal court.

  • March 13, 2025

    Golden Globe Nominee Settles Conn. Feud With Talent Agent

    Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.

  • March 13, 2025

    Ex-FCC Chief Ajit Pai Named Wireless Group's CEO

    President Donald Trump's first Federal Communications Commission chief Ajit Pai, who led the charge to repeal net neutrality during his first term, has been tapped as the new head of wireless trade group CTIA.

  • March 13, 2025

    FCC Creates New Nat'l Security Arm Focused On China

    The Federal Communications Commission will operate a new organization within the agency focused solely on national security, particularly cybersecurity threats emerging from the Chinese government.

  • March 13, 2025

    PBMs Tell FTC 5-Month Delay Too Long For In-House Insulin Trial

    The nation's "Big Three" pharmacy benefit managers say they want to get to trial in the Federal Trade Commission's administrative suit against them sooner rather than later, arguing that the agency's request for a five-month delay would be too long, but they're open to a three-week postponement.

  • March 13, 2025

    Who Is FCC Nominee Olivia Trusty? Here's What We Know

    Republicans on the five-seat Federal Communications Commission need a critical third vote to push through many of the changes they envision for the nation's telecom policies, and the White House has chosen longtime Capitol Hill aide Olivia Trusty for the role.

  • March 13, 2025

    Lush Customer Can Pursue Privacy Class Action In California

    Lush must face a proposed privacy class action in California for allegedly recording a woman's phone call with customer service without her permission, after a California federal court ruled Tuesday it had personal jurisdiction over the company since it had 35 retail locations in the state.

  • March 13, 2025

    9th Circ. Affirms Ex-Uber Exec's Conviction Over Data Breach

    The Ninth Circuit on Thursday affirmed a former Uber security executive's conviction for attempting to cover up a data breach from government investigators, rejecting his challenges to the jury instructions and strength of the evidence.

  • March 13, 2025

    Senate Stablecoin Bill Advances With Democrats Divided

    The Republican-led U.S. Senate Banking Committee advanced its stablecoin framework Thursday with the help of Democrats who broke from ranking member Sen. Elizabeth Warren's opposition, while a separate bill on what is being called debanking passed along party lines.

  • March 13, 2025

    RealPage Pushes Bid To Duck Antitrust Case In NC

    RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.

  • March 13, 2025

    SEC Drops Dealer-Registration Case Criticized By Hedge Fund

    The U.S. Securities and Exchange Commission is dropping its claim that a Boston hedge fund should have registered as a broker-dealer, abandoning a case that the defense had argued overstepped the law and would subject more firms to federal oversight.

  • March 13, 2025

    NY Taps Ex-CFPB Official For Top Financial Enforcement Role

    New York's financial services regulator said Thursday that it has hired a new top consumer protection cop, bringing aboard a veteran enforcement official recently departed from the Consumer Financial Protection Bureau.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 12, 2025

    Phish Fans' Mellow Vibe Undercuts Injury Claims, Judge Hints

    A Washington state appeals court expressed skepticism Wednesday that Phish and Live Nation could have seen foreseen assaults that injured two concertgoers at an outdoor show, with one judge suggesting the jam band's vibes are more in tune with the mellow atmosphere of a Grateful Dead show than a raucous rock concert.

  • March 12, 2025

    GOP Senators Take Aim At CFPB Medical Debt Rule

    Republican senators have introduced a measure to overturn the Consumer Financial Protection Bureau's recent rule banning medical debt from credit reports, one of the latest Biden-era regulations to be targeted for legislative repeal.

  • March 12, 2025

    Delta, Japan Airlines Sued Over Collision At Seattle Airport

    Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.

  • March 12, 2025

    Crypto Influencer's Counsel Says SEC Will Drop Case

    The U.S. Securities and Exchange Commission has agreed to drop its case over cryptocurrency influencer Ian Balina's alleged promotion of so-called SPRK tokens, his attorney said Wednesday.

Expert Analysis

  • Short-Term Predictions For The CFPB's Fate Under Trump

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    Though the Trump administration is unlikely to succeed in abolishing the Consumer Financial Protection Bureau, new leadership will likely moderate enforcement, possibly prompting state attorneys general to step up supervision, say attorneys at Husch Blackwell.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • A Closer Look At FDX's New Role As Banking Standard-Setter

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    Should the new Consumer Financial Protection Bureau let ​​​​​​​stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.

  • What To Expect In Crypto Banking After SEC Nixed Guidance

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    With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

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    If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • 5 Major Crypto Developments From The Trump Admin So Far

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    The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • What To Expect From The New FCC Chair

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    As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.

  • Comparing 2 Pending Bills To Regulate Stablecoins

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    Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.

  • Citibank Wire Transfer Ruling Creates New Liability For Banks

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    A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.

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