Consumer Protection

  • August 06, 2024

    Lowe's Must Face Retail Logistics Co.'s Software IP Suit

    Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.

  • August 06, 2024

    Mich. Judge OKs FTC's Deal With Credit Repair Businesses

    Several credit repair companies agreed to turn over about $12 million and either exit the credit repair industry or stop claiming their products can clean up negative credit histories to resolve Federal Trade Commission allegations that they scammed consumers.

  • August 06, 2024

    Frigidaire Dishwasher Defect Suit Tossed For Lack Of Proof

    An Illinois federal judge has thrown out claims from seven plaintiffs alleging that Frigidaire-brand dishwashers made by Electrolux Home Products Inc. are defective, saying none of them have put forth proof that any design defect exists, let alone that the company had a duty to warn them of it.

  • August 06, 2024

    DC Circ. Urged To Revive Investor's Pandemic-Era Losses Suit

    An investor vying to hold Bank of America liable for losses he sustained at the height of the COVID-19 pandemic told the D.C. Circuit that a trial court judge prematurely tossed his suit claiming that the bank failed to explain the risks of cashing out his investments.

  • August 05, 2024

    Chamber, Others Back 9th Circ. Ax Of Shopify Privacy Row

    The U.S. Chamber of Commerce and several tech trade groups are among those pushing the full Ninth Circuit to affirm the toss of a proposed class action accusing Shopify of unlawfully collecting shoppers' sensitive information, arguing that overriding the decision would unfairly allow plaintiffs to sue online businesses in any court across the country. 

  • August 05, 2024

    DOJ Wants Google Held Accountable For Deleted Chats

    The U.S. Department of Justice has told the Virginia federal court overseeing the government's case accusing Google of monopolizing key digital advertising technology the company needs to be held accountable for implementing policies that destroyed evidence.

  • August 05, 2024

    CFPB's Buy-Now, Pay-Later Policy In House GOP Crosshairs

    Republican members of Congress have taken aim again at the Consumer Financial Protection Bureau's recent guidance requiring that some of the protections provided to credit card users be applied to buy-now, pay-later loans, putting forward a new measure that would overturn what the lawmakers argue is a "destructive," overreaching policy.

  • August 05, 2024

    TikTok Tells DC Circ. That Feds Can't Keep Filings Secret

    TikTok told the D.C. Circuit on Monday that the U.S. government shouldn't be allowed to conceal its court filings in litigation over a federal law that could ban the popular social media platform in the United States.

  • August 05, 2024

    Morgan Stanley Says SEC Eyeing Its Cash Sweep Policies

    Morgan Stanley told investors on Monday that it is fielding enforcement inquiries from the U.S. Securities and Exchange Commission about its investment account cash sweep policies.

  • August 05, 2024

    Indivior Accused Of Overstating Prospects Of 3 Opioid Drugs

    Drugmaker Indivior PLC has been hit with a proposed investor class action in Virginia federal court over claims it overstated the financial prospects of its drugs used to treat opioid use disorders and the company's ability to forecast such financial projections.

  • August 05, 2024

    Monsanto PCB Appeals Win Has Shallow Impact, Families Say

    A group of families suing Monsanto alleging they were poisoned by chemicals at a Washington school has told a trial judge their case can't be limited by the state's 12-year statute of repose for product liability claims, even though an appellate court did just that in a related case.

  • August 05, 2024

    EarnIn's Fees, Tips Are Usurious, Ga. Consumers Say

    Pay advance app EarnIn has been hit with a proposed class action alleging its optional fees and tips are hidden interest payments that, on average, far exceed fair rates for consumer lending.

  • August 05, 2024

    SEC, Other Regulators Propose Joint Data Standards

    The U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the Consumer Financial Protection Bureau and six other regulators are crafting joint standards required by bipartisan legislation aiming to modernize the collection and publication of those agencies' financial data, the SEC announced Friday.

  • August 05, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 180 times in July on issues ranging from rural broadband to Wi-Fi hot spots for schools and libraries, new payment rates for phone call captioning, spectrum for the electric grid, and more.

  • August 05, 2024

    FTC Looks To End Noncompete Ban Challenge In Texas

    The Federal Trade Commission defended its noncompete ban to a Texas federal judge, arguing in a new motion for summary judgment that its rule is well within the bounds of the FTC Act's plain language.

  • August 05, 2024

    AT&T Chief Pushes FCC To Make FirstNet 4.9 GHz Manager

    AT&T Inc. CEO John Stankey met with Federal Communications Commission members to lobby for the company's first responder network to lead the national public safety band, despite band users' concerns that AT&T could control the band for its own self-serving interests.

  • August 05, 2024

    GOP Bill Would Claw Back Broadband Funds For Local Areas

    When a company defaults on millions in Rural Digital Opportunity Fund money, those funds should go to the state to redistribute for broadband projects as it sees fit, according to a Republican senator who has introduced a bill that would do just that.

  • August 05, 2024

    Google, OpenAI Accused Of Using YouTube Videos To Train AI

    A California man has hit Google and OpenAI with separate proposed class actions in federal court accusing the companies of unlawfully transcribing YouTube videos and using them to train their large language model artificial intelligence products without the permission of the people who uploaded those videos.

  • August 05, 2024

    Patreon To Pay $7.25M To End Subscribers' Video Privacy Suit

    Patreon has agreed to pay $7.25 million to settle a proposed class action on behalf of 1.2 million users who claim the content subscription-based platform violated the Video Privacy Protection Act by sharing their video-watching data with Facebook-owner Meta Platforms Inc. without their consent, according to court documents filed Friday.

  • August 05, 2024

    GSK Wins Second Ill. Trial On Zantac Cancer Claims

    A Chicago jury held Monday that GlaxoSmithKline is not liable for a woman's colorectal cancer, handing the drugmaker a second straight trial victory in hundreds of Illinois suits targeting Zantac heartburn medication and its generic counterparts.

  • August 05, 2024

    Lehigh University Says Hazing Suit Is Too Late, In Wrong State

    Lehigh University wants a Connecticut federal judge to dismiss a student's complaint accusing it of failing to prevent physical and mental injuries inflicted during an alleged fraternity hazing, saying the student chose the wrong place to sue and waited too long to file his negligence claims.

  • August 05, 2024

    BIPA Reform Becomes Law, But Damages Concerns Persist

    The Illinois Legislature heeded a call from the state's Supreme Court to shield business from potentially ruinous damages under the Illinois Biometric Information Privacy Act, but lawyers say the new protections can still leave large employers facing hefty verdicts.

  • August 05, 2024

    GM Slams Investors' Suit Alleging AV Tech Lapses

    General Motors has asked a Michigan federal court to dismiss a proposed securities fraud class action alleging it downplayed safety concerns about its autonomous vehicle technology, arguing the investors have contorted definitions of safety terms to bolster the suit.

  • August 05, 2024

    CrowdStrike Slams Delta Over Outage Lawsuit Threats

    CrowdStrike has fired back at Delta Air Lines' recent threat to haul the cybersecurity firm to court to recoup hundreds of millions in losses from last month's global IT outage, saying the airline refused CrowdStrike's offer for technical assistance, then botched its own operational recovery.

  • August 05, 2024

    Sen. Urges CFPB To Investigate Banks' Zelle Dispute Practices

    U.S. Sen. Richard Blumenthal, D-Conn., has urged the Consumer Financial Protection Bureau to investigate the nation's three largest banks and the operator behind payments network Zelle after he said the firms gave "circuitous answers" to lawmakers during a hearing on their handling of fraud and dispute resolutions on the platform.

Expert Analysis

  • 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.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

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