Consumer Protection

  • August 07, 2024

    FTC, CFPB Turn Up Scrutiny On Solar Energy Sales Practices

    The federal government on Wednesday stepped up efforts to police shady solar energy sales and financing practices, with the Federal Trade Commission, Consumer Financial Protection Bureau and other agencies releasing consumer advisories and announcing a new partnership to better monitor the industry.

  • August 07, 2024

    Google Judge To Review Class Attys' $218M Fee Bid Docs

    A California federal judge agreed Wednesday to review billing records supporting class counsel's $217.6 million fee bid for cutting a nonmonetary deal with Google to end claims that Google surreptitiously tracked users after Google's counsel claimed the hours were inflated, unjustified and above Google's own $40 million defense legal bill.

  • August 07, 2024

    Monsanto, PCB Plaintiffs Want It Both Ways, Judge Says

    A Washington state court judge expressed frustration on Wednesday with counsel for both sides of a toxic tort against Monsanto, remarking during a summary judgment hearing that the parties can't "pick and choose" which parts of a recent appellate ruling apply to their case.

  • August 07, 2024

    Kleenex Maker Wants Conn. PFAS Suit Tossed

    Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.

  • August 07, 2024

    Bank Dropped From Suit Over Alleged $100M Ponzi Scheme

    Washington-based First Fed Bank and its brass have been dropped from a lawsuit claiming they aided a $100 million Ponzi scheme to defraud would-be investors in a water-vending machine company.

  • August 07, 2024

    TD Bank Shared Customer Data With Meta, Suit Claims

    A new proposed class action in New Jersey federal court alleges TD Bank wrongfully shared customers' personal information with Meta Platforms Inc. without consent for marketing purposes.

  • August 07, 2024

    Santos, Feds Agree Jurors' Identities Should Be Secret

    Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.

  • August 07, 2024

    Fintech Firm Says Plaintiff Is 'Forum Shopping' With NC Suit

    Fintech company Figure Lending is urging a North Carolina federal judge to toss a proposed class action over its home equity lines of credit, saying the plaintiff who brought the case is forum shopping with insufficient claims that have been dismissed in other courts. 

  • August 07, 2024

    Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say

    The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.

  • August 07, 2024

    Google 'May Not Be So Lucky' Next Time Over Chat Deletions

    Google's stunning antitrust loss in D.C. federal court Monday dealt another blow against its policies of letting internal chats delete automatically, and it came with a callout of its practice of training employees to avoid competition law "buzzwords."

  • August 07, 2024

    Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit

    Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.

  • August 07, 2024

    NTSB Hearing Probes FAA Review, Boeing Quality Control

    The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.

  • August 07, 2024

    Judge Hints No-Show Amazon, Apple Plaintiff May Testify

    A Washington federal judge suggested Wednesday that the original lead plaintiff in an antitrust suit accusing Amazon and Apple of restricting iPhone and iPad sales may need to testify despite his lawyers wanting to drop him from the case, questioning if it would be fair to let the plaintiff continue to dodge long overdue discovery demands.

  • August 07, 2024

    Biden Trampled Free Speech With Israeli Sanctions, Suit Says

    A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.

  • August 07, 2024

    Conn. Dispensary Fights $500K Fee Over Application Mishap

    A Connecticut medical cannabis dispensary is suing a state consumer agency for denying a $500,000 fee waiver as a social equity applicant in a dispute over whether the state properly processed the shop's amended application to also sell recreational pot as a hybrid business, which the state denied.

  • August 07, 2024

    High Court Urged To Put Hold On NY Broadband Price Cap

    A half-dozen trade groups asked the U.S. Supreme Court to block New York officials from enforcing a state law that sets a maximum price for consumer broadband, reigniting a federal appeals court fight over the limits of rate regulation.

  • August 07, 2024

    Dems Push For Scrutiny On Fox, ESPN, Warner Bros. JV

    Three Democratic lawmakers on Wednesday urged the Federal Communications Commission and U.S. Department of Justice to investigate a proposed joint venture between Fox, Warner Bros. Discovery, and Disney subsidiary ESPN that would create a new streaming service called Venu Sports, arguing the partnership would lead to higher prices and fewer choices for consumers.

  • August 07, 2024

    2nd Circ. Affirms Yale's Win In COVID-19 Tuition Refunds Fight

    The Second Circuit on Wednesday affirmed Yale University's win in a student's proposed class action challenging the university's refusal to issue tuition refunds after switching to virtual classes during the COVID-19 pandemic, finding the student's implied contract with Yale gave the university discretion to respond to such "force majeure" public-health events.

  • August 07, 2024

    6 Swipe Fee Plaintiffs 'Arbitrarily' Picked For 2025 Trial

    Six retailers including department store giant Target will go to trial in 2025 on claims that Visa and Mastercard overcharged them, a Manhattan federal judge said Wednesday, explaining that he arbitrarily chose from among 60 plaintiffs in a long-running, multibillion-dollar antitrust battle.

  • August 07, 2024

    FCC Seeks To Help Consumers Identify AI-Generated Calls

    The Federal Communications Commission proposed Wednesday to more precisely define "AI generated call" as it seeks to expand consumers' ability to opt out of receiving robocalls and texts that use artificial intelligence.

  • August 07, 2024

    Mich. Insurance Agency Pushes Carriers To Safeguard AI Use

    The Michigan Department of Insurance and Financial Services urged insurance companies Wednesday to establish a program for the responsible use of artificial intelligence systems to comply with state laws barring unfair practices and discrimination in underwriting.

  • August 07, 2024

    FTC Asks Courts To Pause $8.5B Handbag Merger

    The Federal Trade Commission has asked a New York federal court to pause the planned $8.5 billion merger between the owners of Coach and Michael Kors while the agency conducts an in-house merger challenge.

  • August 07, 2024

    Delta Faces Class Action For 'Disastrous' IT Outage Response

    Four customers hit Delta Air Lines Inc. with a proposed class action, claiming its "disastrous" response to a massive IT outage last month left them and thousands of others stranded and forced to pay for other flights, accommodations, rental cars and meals, with the airline refusing or ignoring refund requests.

  • August 07, 2024

    GM, Allied Unit Dodge Sanctions In Security Guard Bias Suit

    A Michigan federal judge declined to sanction General Motors and a private security company Wednesday over a discovery issue, ruling that Black visitors to a GM-owned group of skyscrapers filed "nearly incomprehensible" requests in their suit claiming they were harassed and unlawfully detained. 

  • August 07, 2024

    'The Eggs Are Fresh From A Farm': Kroger Fries False Ad Suit

    Kroger defeated a proposed class action accusing it of misleading customers into thinking its "farm fresh eggs" came from free-roaming hens on grassy fields, despite coming from caged hens, after an Illinois federal judge said Wednesday the term "means precisely what it says: the eggs are fresh from a farm."

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • What 11th Circ. FCRA Ruling Means For Credit Furnishers

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    Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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