Consumer Protection

  • January 01, 2025

    Pa. Legislation To Watch: Noncompetes, Funding Solutions

    A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.

  • January 01, 2025

    Privacy & Cybersecurity Policy To Watch In 2025

    States are expected to again take the legislative and regulatory lead in the data privacy and cybersecurity arenas in 2025, filling in the gaps that are likely to be left by new Republican leaders at the federal level who are poised to flip the script on a range of hot-button issues, including artificial intelligence.

  • January 01, 2025

    Consumer Protection Issues To Watch In 2025

    The Federal Trade Commission's work to clamp down on surprise fees and make subscriptions easier to cancel faces an uncertain path forward in the wake of a looming leadership change, while the federal government's effort to shrink a sprawling tech liability shield is likely to heat up.

  • January 01, 2025

    Privacy & Cybersecurity Litigation To Watch In 2025

    The crush of litigation accusing a wide range of website operators of unlawfully monitoring visitors' activities will continue to wind its way through the legal system in 2025, while the U.S. Supreme Court is gearing up to consider a pair of challenges that could further erode federal agencies' power to interpret laws and may decide the fate of the popular app TikTok. Here, Law360 looks at the privacy litigation and trends that will bear watching this year.

  • January 01, 2025

    Transportation Regulation & Legislation To Watch In 2025

    The Trump administration's expected rollback of rules intended to slash vehicle emissions and accelerate electric vehicle adoption, alongside a spate of new tariffs impacting the supply chain, are just some of the transportation industry's top regulatory priorities to watch in 2025.

  • December 28, 2024

    Trump Seeks High Court's Pause Of TikTok Sale-Or-Ban Law

    President-elect Donald Trump has urged the U.S. Supreme Court to freeze the impending deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, suggesting his new administration could negotiate a deal that would end the need for the congressional mandate.

  • December 23, 2024

    NY Judge Won't Halt State's Congestion Pricing Model

    A New York federal judge Monday upheld the Empire State's congestion pricing tolls, finding that the levies fairly reflect each type of vehicle's contribution to traffic congestion and environmental harm, rejecting injunction bids lobbed in four anti-congestion pricing lawsuits.

  • December 23, 2024

    CFPB Sues Rocket Homes Over Alleged Realtor Kickbacks

    Rocket Homes Real Estate has been giving brokers and agents incentives to steer homebuyers toward obtaining loans through Rocket Mortgage, while pressuring agents to withhold information that could save their clients thousands of dollars on a down payment, the Consumer Financial Protection Bureau said Monday.

  • December 23, 2024

    CFPB Says Walmart, Fintech Misled Drivers On Wage Access

    The Consumer Financial Protection Bureau on Monday sued Walmart and fintech company Branch Messenger for allegedly forcing delivery drivers to use costly deposit accounts to receive their wages and deceiving them about how to access their earnings.

  • December 23, 2024

    Altria Unit Convinces Calif. Court To Ban Retail Elf Bar Sales

    The e-cigarette unit of tobacco giant Altria Group scored a legal victory against the highly popular flavored vape brand Elf Bar after it convinced a California federal judge to block a number of smoke shops from selling the Chinese made products.

  • December 23, 2024

    Google Counters DOJ's Proposed Chrome Sale

    Google has countered the Justice Department's proposed divestiture of the Chrome browser in a brief filed in D.C. federal court arguing the proper fix for its illegal search monopoly would be to allow Android phone makers and browser companies the ability to more readily pick rival engines.

  • December 23, 2024

    Thompson Coburn Data Breach Plaintiffs Aim To Consolidate

    Plaintiffs seeking restitution from Thompson Coburn LLP over a data breach filled a motion Friday to consolidate the group's eight proposed class actions, as well as appoint three attorneys to interim class counsel over the potential master case.

  • December 23, 2024

    Attys Get A Third Of $1.3M Settlement With Legal Data Co.

    A Kansas federal judge has awarded counsel one-third of a $1.3 million settlement in a class action against data and professional services company UnitedLex Corp. that allegedly exposed 200 gigabytes of sensitive information during a March 2023 data breach.

  • December 23, 2024

    House Report Says Gaetz Paid For Sex, Accepted Gifts

    Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.

  • December 20, 2024

    Banks, Not Credit Cos., Can Duck New Ill. Fee Law For Now

    An Illinois federal judge ruled Friday that credit card companies like Visa and Mastercard must comply with Illinois' landmark law restricting certain credit card fees; however, she also held that national banks and federal savings associations aren't subject to the law, at least for now.

  • December 20, 2024

    SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says

    A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.

  • December 20, 2024

    RealPage Can't Transfer Enforcers' Rent-Fix Case Out Of NC

    RealPage cannot get the government's antitrust case against it moved either to the Tennessee court overseeing similar civil litigation or to Texas, where the rental software maker is headquartered, a North Carolina federal judge ruled Friday.

  • December 20, 2024

    Cable Org. Warns Members About FCC Robocall Enforcement

    Voice service providers need to make sure their Robocall Mitigation Database filings meet existing requirements, because if they aren't, the Federal Communications Commission is ready to start delisting companies and blocking them from providing voice service.

  • December 20, 2024

    Binance Investors Seek To Update Suit After Federal Charges

    A proposed class of Binance investors has asked a Florida federal judge to allow them to file a new complaint that drops some defendants and hones in on the crypto exchange and its former CEO in the wake of their historic settlement with U.S. authorities over alleged compliance failures.

  • December 20, 2024

    TikTok Divestment Deadline Must Be Extended, Senators Say

    TikTok is set to be removed from app stores in the United States in less than a month, but two senators have urged President Joe Biden to kick the can down the road with an extension that would prevent "serious hardship" to both creators and users.

  • December 20, 2024

    Suit Slams SEC's Use Of 'Career Death Penalty'

    A father and son who settled allegations of defrauding investment advisory clients with the U.S. Securities and Exchange Commission are suing in D.C. federal court to block the agency from barring them from the securities industry, claiming that the administrative case is unconstitutional.

  • December 20, 2024

    Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book

    The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.

  • December 20, 2024

    Crypto Trading Co. To Pay SEC $123M Over Terraform Claims

    The U.S. Securities and Exchange Commission announced Friday that it secured a $123 million settlement with a Jump Trading subsidiary for allegedly misleading investors about the stability of the now-collapsed Terraform ecosystem by effectively propping up the project's flagship token following a trading arrangement made while the token dipped in value.

  • December 20, 2024

    Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say

    A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.

  • December 20, 2024

    Insurer Gets Out Of Ga. Sperm Bank's Bad Seed Claims

    A Georgia federal judge said Allied World Surplus Lines Insurance Co. has no duty to defend a sperm bank that has been sued in Canada and the United States for allegedly selling semen from a donor with genetic abnormalities.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • 6 Tips For Cos. Facing Service Provider Cyber Incidents

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    When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • CFPB School Lunch Focus Could Expand E-Payment Scrutiny

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    The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.

  • Opinion

    Rental Price-Fixing Suit Against RealPage Doesn't Add Up

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    Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.

  • Compliance Pointers For Amended Pa. Data Breach Law

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    Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Ga. Fintech Bank Charter Could Reshape Payments Industry

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    Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

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