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Consumer Protection
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
Calif. PBM Opioid Suit Belongs In Federal Court, 9th Circ. Told
Pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. urged the Ninth Circuit on Tuesday to require California to litigate its public nuisance claims over their opioid dispensing practices in federal court, arguing that allowing the state to litigate in state court would create a circuit split.
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March 04, 2025
Bored Ape NFT Maker, Crypto Co. Say SEC Threats Are Over
The crypto arm of trading firm DRW Holdings LLC and the company behind the celebrity-endorsed non-fungible token project known as the Bored Ape Yacht Club say that they are the latest in a string of digital asset firms to see the back of the U.S. Securities and Exchange Commission.
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March 04, 2025
2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction
Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
CFPB Will Continue Litigating Debt Relief Co. Suit With NYAG
The Consumer Financial Protection Bureau told a New York federal judge it will continue appearing with a multistate coalition of attorneys general in a suit accusing financial services firm StratFS of running an illegal debt-relief enterprise, marking a change for the bureau that has been voluntarily dismissing cases.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
FCC Dismisses Bid To Revisit Local Unbundling Rules
The Federal Communications Commission has dismissed a petition to restore local telecom unbundling rules, reiterating the agency's 2020 reasons for lifting a number of restrictions on local incumbents and restating that those limitations are no longer necessary.
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March 04, 2025
Tobacco Co. Settles Suit Over Use Of 'Juicy' Trademark
A tobacco accessories company has told an Arizona federal court that it has settled its suit against a Washington company that it alleged had infringed on its "Juicy" products trademark.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
Movie Theaters Left Credit Card Info On Receipts, Suit Says
The Massachusetts owner of a small chain of movie theaters in Connecticut and Rhode Island left credit card expiration dates on customers' receipts in violation of federal law, a proposed class action filed Monday alleges.
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March 04, 2025
Colo. Biotech, Founders Owe SEC $14.3M Over Fraud Claims
A Colorado federal judge has ordered a biotech startup and two of its founders to pay the U.S. Securities and Exchange Commission roughly $14.3 million and barred them from serving as officers and directors of public companies after finding that they fraudulently raised over $10 million by overstating their own investments in the company.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
CFPB Drops Zelle Fraud Prevention Suit Against Big Banks
The Consumer Financial Protection Bureau on Tuesday abandoned its lawsuit against JPMorgan Chase and other major banks over digital payment fraud on Zelle, the latest Biden-era enforcement action to be dropped by the agency's Trump-appointed interim leadership.
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March 03, 2025
DC Judge Calls For CFPB Official To Testify In Shutdown Suit
A Washington, D.C., federal judge on Monday signaled skepticism of Trump administration claims that the Consumer Financial Protection Bureau isn't going away, summoning a senior agency official to testify next week as she weighs a possible preliminary injunction.
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March 03, 2025
ByteDance, TikTok Get Editing App Privacy Suit Trimmed
An Illinois federal judge trimmed Monday a proposed class action alleging TikTok owner ByteDance secretly collects and profits from biometric data gathered from users of its CapCut video-editing tool, dismissing for good a Video Privacy Protection Act claim, while keeping alive other privacy allegations and tossing a few with leave to amend.
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March 03, 2025
TikTok And Reddit Face UK Probes Over Kids' Data Handling
Britain's data protection watchdog on Monday stepped up its efforts to ensure that children are being protected online, launching investigations into how popular digital platforms TikTok, Reddit and Imgur gather and use minors' personal information.
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March 03, 2025
Apple Gets ICloud Monopoly Suit Tossed For Now
Apple has convinced a California federal judge to toss a proposed class action accusing it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones, at least temporarily.
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March 03, 2025
American Asks Justices To Mull Bid To Revive JetBlue Pact
American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."
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March 03, 2025
Credit Bureaus Look To Duck Renewed Medical Debt Claims
Equifax, Experian and TransUnion asked a California federal judge Monday to toss an updated case accusing the credit reporting agencies of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports.
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March 03, 2025
Sandoz Settles Florida's Generic Drug Price-Fixing Claims
Sandoz AG reached a settlement with Florida that ends federal antitrust claims the Sunshine State lodged against the drugmaker within wider litigation claiming numerous pharmaceutical companies and individuals participated in a conspiracy to fix generic drug prices, according to a Friday court filing.
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March 03, 2025
FDIC Beats Bank's Constitutional Fight Over In-House Judges
A Kansas federal judge tossed on Monday a local bank's constitutional challenge to administrative law judges presiding over the Federal Deposit Insurance Corp.'s $20.5 million anti-money laundering enforcement proceeding against the bank, ruling that the district court does not have the jurisdictional authority to hear the bank's Seventh Amendment claims.
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March 03, 2025
Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit
Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."
Expert Analysis
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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Forecasting The Future Of The FTC Post-Inauguration
The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.