Consumer Protection

  • March 18, 2025

    Google, Apple Urge 9th Circ. To Reject Search Collusion Case

    Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.

  • March 18, 2025

    E-Commerce Co. Defendant Fights FTC Asset Freeze

    A defendant who says he was wrongfully caught up in a Federal Trade Commission action halting the operations of e-commerce platform Click Profit for allegedly duping users with its AI-powered system told a Florida federal judge he should not be subject to an asset freeze, as he divested his interest in the company well before the allegedly false statements were made.

  • March 18, 2025

    Fanatics, Sports Leagues Accused Of Trading Card Monopoly

    A Texas man has filed a proposed class action against Fanatics, the NBA, the NFL and MLB, alleging that they have conspired to monopolize the market for player trading cards by executing long-term, exclusive licensing contracts and then using market dominance to stifle competition.

  • March 18, 2025

    Apple Attempts To Hide Discovery Are 'Systemic,' Epic Says

    Epic Games is pushing a California federal judge to punish Apple for its "sanitized, fictional account" of compliance with an injunction blocking App Store anti-steering policies, arguing the iPhone-maker can't evade discovery sanctions by trying to blame the scale of document review.

  • March 18, 2025

    Court OKs Alderman's Constitutional Claim In Hemp Raid Row

    A Mississippi federal judge on Tuesday ruled that a city alderman can pursue his constitutional claim against county officials stemming from a raid on a hemp product store during which he was detained and briefly jailed.

  • March 18, 2025

    Pa. Lawmakers Push For State-Level Net Neutrality Rules

    Federal net neutrality rules died in appeals court this winter, but a pair of Pennsylvania lawmakers are pushing to see similar regulations enacted in their place at the state level.

  • March 18, 2025

    Split 7th Circ. Says Texts For Free Services Don't Violate TCPA

    A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.

  • March 18, 2025

    FCC Dem Starks To Step Down This Spring

    The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.

  • March 18, 2025

    BREAKING: Trump Fires FTC's Democrats

    President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.

  • March 18, 2025

    Amazon Denied Quick Appeal For E-Book Antitrust Claims

    A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.

  • March 18, 2025

    States Oppose Term In Sandoz Price Fixing Deal With Fla.

    State enforcers still locked in price-fixing litigation against generic-drugmaker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.

  • March 18, 2025

    BetterHelp Demands Insurer Assist In $7.8M FTC Payment

    Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.

  • March 18, 2025

    Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit

    A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.

  • March 18, 2025

    Savannah Wants 3M PFAS Pollution Suit Back In State Court

    Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its allegedly trademarked dance team name and used pictures of the school's team to trick parents.

  • March 18, 2025

    Bank Groups Push For Permanent Block On Ill. Swipe Fee Law

    Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.

  • March 18, 2025

    Bar Examinee Defends $2M ExamSoft Software Crash Suit

    A former paralegal and would-be attorney has asked a federal judge to keep alive her software crash suit against ExamSoft, arguing that both the popular software company and the Connecticut Bar Examining Committee violated the Americans with Disabilities Act by not giving her extra time under an approved accommodation when her computer crashed during a remote COVID-era test.

  • March 18, 2025

    Greenberg Traurig Boosts Litigation Team With 4 Denver Attys

    A team of four litigators have joined Greenberg Traurig LLP's growing Denver office, including a shareholder who was tapped to lead the office's litigation practice. 

  • March 17, 2025

    Meta Facing Investor Suit Over €1.2B EU Data Privacy Fine

    A pair of pension funds on Monday filed suit against Meta Platforms Inc. in Delaware's Court of Chancery, accusing the company of repeatedly violating data privacy laws, a pattern that the funds say led to the company being fined €1.2 billion ($1.3 billion) by European authorities.

  • March 17, 2025

    Yeti Escapes Suit Over Third-Party Info Sharing

    A California federal judge has freed Yeti from a woman's proposed class action accusing the cooler and drinkware company of disclosing people's personal and financial information to a payment processor without consent, saying the woman's now twice-amended complaint didn't fix problems the court had previously highlighted.

  • March 17, 2025

    Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims

    A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."

  • March 17, 2025

    Kroger Shakes Calif. Suit Over Interception Of Website Chats

    A California federal judge has refused to hold The Kroger Co. liable for a third party's allegedly unlawful eavesdropping on Kroger website users' chats, in a ruling that the grocery chain's counsel predicted could have a "wide impact" on the crush of state wiretapping litigation currently flooding the courts.

  • March 17, 2025

    OCC Green-Lights SmartBiz, Centrust Fintech Bank

    The Office of the Comptroller of the Currency announced Monday it has given the green light for SmartBiz Loans to roll its new acquisition, CenTrust Bank NA, into a financial technology company called SmartBiz Bank NA.

  • March 17, 2025

    Jonny Pops Can't Stop Rival's Suit Over '100% Real Fruit' Label

    A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers.

  • March 17, 2025

    DOJ Dismisses BitClout Crypto Fraud Case, Court Filings Say

    Federal prosecutors have dropped their fraud case against the founder of crypto project BitClout accused of ripping off a venture capital firm, while the U.S. Securities and Exchange Commission is engaged in talks about a possible end to its own civil action against him, court documents show.

Expert Analysis

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Unpacking First Consumer Claim Under Wash. Health Data Act

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    The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Unpacking Liability When AI Makes A Faulty Decision

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    As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • Expectations For SEC Exams As Private Credit Market Grows

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    The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

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