Consumer Protection

  • April 02, 2025

    9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal

    A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.

  • April 02, 2025

    Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful

    Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.

  • April 02, 2025

    Orthodontic Software Co. Hit With Data Breach Class Action

    An orthodontic software company has been hit with a proposed class action in Georgia federal court over a November data breach in which the names, birth dates, medical records, insurance information, payment card data and Social Security numbers of its clients' patients were stolen by hackers.

  • April 02, 2025

    Energy Co. 'Fleeced' Customers In Bait-And-Switch, Suit Says

    An Illinois alternative energy supplier was accused Tuesday in federal court of exploiting its customers with a bait-and-switch scheme involving "outrageously high" markups that "fleeced" thousands of customers out of tens of millions of dollars they'd otherwise save on gas and electricity.

  • April 02, 2025

    Walgreens Ignoring Requests To Stop Emails, Suit Says

    Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.

  • April 02, 2025

    Longtime Philly Federal Prosecutor Rejoins Berger Montague

    A former assistant U.S. attorney has returned to Berger Montague's Philadelphia office after more than 25 years, with plans to continue fighting on behalf of consumers and investors who have been wronged.

  • April 02, 2025

    Evolve Bank Reaches $11.8M Deal Over 2024 Data Breach

    Evolve Bank & Trust, a prominent fintech partner bank, has agreed to an $11.8 million settlement to resolve claims in a consolidated suit that it failed to properly protect customers' private information and notify them following a cyberattack last year.

  • April 02, 2025

    Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts

    A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.

  • April 02, 2025

    National Highway Agency's Ex-Top Counsel Joins Sidley In DC

    Sidley Austin LLP has hired the former chief counsel of the agency responsible for oversight of the safety of America's roadways, who joins the firm to co-lead its global automotive and mobility industry group, one of several roles he'll have in its D.C. office, the firm recently announced.

  • April 02, 2025

    Justices Broaden RICO Reach To Personal Injuries

    The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.

  • April 02, 2025

    Supreme Court Backs FDA Block Of Flavored Vapes

    The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.

  • April 01, 2025

    Trump Admin Layoffs 'Probably Broke Laws,' Judge Says

    A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.

  • April 01, 2025

    Streaming Service Can't Drop Privacy Suit Over Data Sharing

    A California federal judge refused to cut federal and state video privacy claims from a putative class action accusing movie streaming provider Mubi of secretly tracking and sharing subscribers' video-viewing histories with third parties such as Meta, rejecting arguments that the plaintiffs lacked standing and adequate support for their allegations.

  • April 01, 2025

    Bigelow Waved The Flag While Selling Foreign Tea, Jury Told

    R.C. Bigelow Inc. falsely advertised its foreign-grown teas as "manufactured in the USA" in a deceitful effort to play on customers' patriotic sentiments, counsel for a certified class of Golden State tea buyers told jurors as a damages trial opened in California federal court Tuesday.

  • April 01, 2025

    Ark. Law Limiting Kids' Social Media Use Struck Down

    Arkansas' law limiting minors' social media access is a "content-based restriction on speech" that violates platform users' First Amendment rights and is unconstitutionally vague, a federal judge ruled Monday, striking down the law that requires parental permission and age checks to access certain online platforms.

  • April 01, 2025

    FCC Urged To Raise Prison Phone Rate Caps Amid Legal Fight

    Prison phone company NCIC Correctional Services is not letting up on its bid to convince the Federal Communications Commission to reverse prison phone call rate caps put in place during the Biden administration, as evidenced by another recent meeting with agency officials.

  • April 01, 2025

    5th Circ. Questions $37M FTC Award Against Online Retailer

    A Fifth Circuit panel seemed wary to accept a drop-shipping company's claim that a $37 million award to the Federal Trade Commission was out of line, saying the company seemed to admit it lied about how fast it could deliver protective equipment like masks during the COVID-19 pandemic.

  • April 01, 2025

    Meta Can't Narrow Health Privacy Suit Scope, Consumers Say

    Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.

  • April 01, 2025

    Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits

    Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.

  • April 01, 2025

    FCC Says Scammers Are Targeting Chinese Community

    Chinese-Americans have been receiving calls from bad actors attempting to line their own pockets by posing as insurance company employees and government officials in order to get personal information or cash payments, the FCC is warning.

  • April 01, 2025

    9th Circ. Judge Unsure Oppenheimer Liable For Broker Ponzi

    A Ninth Circuit judge on Tuesday questioned if Oppenheimer & Co. Inc. was responsible for a Ponzi scheme orchestrated by one of its brokers as a side hustle, telling investors he was struggling to see how they were direct customers of the investment firm.

  • April 01, 2025

    Plaintiff Can't Sue TransUnion After High Court Ruling

    An Illinois appellate panel affirmed the dismissal of a Fair Credit Reporting Act complaint filed by a man who was dismissed from federal class action litigation against TransUnion after a U.S. Supreme Court landmark decision, rejecting the plaintiff's argument that he pursued the claims in a timely manner.

  • April 01, 2025

    Republicans Float Wish List Of Biden Financial Rule Rollbacks

    Republican lawmakers on the House Financial Services Committee sent a bevy of letters to financial regulators on Tuesday calling for the withdrawal or modification of rules and guidance issued under the Biden administration addressing topics like risk management, mergers, banking capital requirements and crypto business reporting.

  • April 01, 2025

    House Lawmakers Want Media Ownership Regs Relaxed

    More than 70 House lawmakers, mostly Republicans, are pressing the Federal Communications Commission to get started on an expected overhaul of local media ownership rules under FCC Chair Brendan Carr.

  • April 01, 2025

    7th Circ. Upholds Simmons' $8M Chicken Price-Fix Deal

    The Seventh Circuit refused to undo an $8 million chicken price-fixing deal between direct buyers and Simmons' Foods that was challenged by Boston Market, which claimed the deal improperly released its bid-rigging claims, noting Tuesday the restaurant provided no evidence the deal is an unreasonably low value for the claims.

Expert Analysis

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    How Congress Can Stem Consumer Finance Law Uncertainty

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    In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • A Look At Shifting Legal Landscape For Data Brokers

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    An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.

  • Understanding Risks Of Celebrities 'Hawking' Crypto Tokens

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    Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.

  • State AG Enforcement Is Poised For Another Pivot In 2025

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    Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

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