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Consumer Protection
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February 25, 2025
Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims
Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Total High Speed Coverage In Alaska 'Not Realistic,' FCC Told
The Alaska Connect Fund sets unrealistic standards for bringing high-speed internet to the state, a telecom operating in Alaska told the Federal Communications Commission at a recent meeting where it urged the agency to lower its expectation.
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February 25, 2025
GreenSky Loan Class Action Certified In Calif. Court
A California federal judge has granted class certification to consumers suing GreenSky Inc. over alleged unlawful loan transaction fees, finding that expert analysis showed merchants likely passed these fees onto borrowers, but also granted summary judgment to the lending company on claims related to performance fees over the lack of evidence that consumers had to pay them.
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February 25, 2025
Trump Admin Says 'There Will Continue To Be A CFPB'
The Trump administration denied late Monday that it is planning to eliminate the Consumer Financial Protection Bureau, telling a D.C. federal judge that it had closed the agency's headquarters and benched employees instead partly due to their own "disruptive protests."
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February 25, 2025
Block Considers NY Settlement Over Money-Laundering Curbs
Block Inc., the parent company of the peer-to-peer mobile payments platform Cash App and payments platform Square, is working to resolve allegations from New York state's financial regulator touching on its compliance with money-laundering restrictions, the company says.
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February 25, 2025
Sig Sauer Asks 6th Circ. For Second Shot At Expert Ruling
The full Sixth Circuit should disqualify expert testimony that said gunmaker Sig Sauer Inc. failed to use existing safety features found in rival products when designing its model P320, the pistol at the center of many unintentional discharge lawsuits, according to the company's petition, which alternatively asked the judges to send it to Kentucky's top court.
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February 25, 2025
GoDaddy, Tech Co. Quietly Agree To Kill Antitrust Suit
The world's largest domain registrar, GoDaddy, has come to terms with the company behind an antitrust suit claiming that it blackballed the tech company from its platform, according to documents filed recently in Virginia federal court.
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February 25, 2025
Alex Jones Asks To Maintain Stay On Sandy Hook Payment
Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.
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February 25, 2025
Cannabis Cos. Want THC Potency Suits Consolidated
About two dozen cannabis companies, including multistate operators like Columbia Care and Acreage, have urged an Illinois federal judge to consolidate a series of "nearly identical" proposed class actions accusing them of mislabeling their products to get around state-mandated THC potency limits, saying "there is no question" the suits "involve the same questions of law and fact."
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
Fla. Bill Targets Last-Resort Coverage For Unsafe Condos
A bill introduced ahead of Florida's 2025 legislative session looks to bar the state's Citizens Property Insurance Corp. from providing or renewing coverage policies for condominiums that fall short of inspection requirements.
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February 25, 2025
Another Crypto Co. Says SEC Inquiry Ends Without Action
Decentralized finance platform Uniswap Labs announced Tuesday that the U.S. Securities and Exchange Commission closed its multi-year investigation into the firm, marking the latest crypto business to claim the regulator is walking away without taking action.
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February 25, 2025
River Agency Says Harvey Flood Dispute Was Already Decided
A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.
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February 25, 2025
Kroger Seeks More Sanctions For Prolific Consumer Atty
Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Ex-Privacy Board Members Sue Trump Over Firings
Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.
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February 25, 2025
FTC Probing $615M Healthcare Staffing Merger
Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.
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February 25, 2025
Rural Wireless Cos. Concerned About 5G Fund Rollout
A rural wireless group renewed pressure on the Federal Communications Commission to change up the timing of an auction to expand 5G service, saying the FCC should wait until federal infrastructure dollars are distributed before moving ahead.
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February 25, 2025
FTC Wins Discovery Spat In Amazon Prime Subscription Suit
A Washington federal judge won't force the Federal Trade Commission to share with Amazon discussions during past rulemaking about the scope of a federal law protecting online shoppers from deceptive billing, concluding for a second time that such information is irrelevant to whether the company's Prime subscription practices are illegal.
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February 25, 2025
Agri Stats Can't Avoid Price-Fixing Deposition, DOJ Says
The U.S. Department of Justice is calling on Agri Stats' top executives to face deposition in the agency's price-fixing case, telling a Minnesota federal judge that the company's brass can't avoid questioning just because they were deposed in private suits years ago.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
FCC Probes IHeart Practices Amid Broadcast Payola Inquiry
The Federal Communications Commission's chief, who says he wants to crack down on payola practices, has launched a probe into whether iHeart is forcing musicians to accept cut-rate pay to entertain crowds at the company's upcoming Austin, Texas, event in return for more favorable airtime.
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February 25, 2025
FTC Pick Concerned But Won't 'Prejudge' Censorship Claims
Kressin Meador Powers LLC partner Mark Meador walked a fine line during his confirmation hearing Tuesday when asked for his views on GOP claims of censorship on online platforms, expressing an "overarching concern" about content moderation practices while nevertheless asserting he'll keep an open mind on specific allegations if confirmed as the Federal Trade Commission's newest Republican member.
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February 25, 2025
Sidley Brings On Dentons Consumer Safety Pros In Calif.
Sidley Austin LLP continues expanding its West Coast team, announcing it is adding a pair of Dentons consumer products safety litigators as partners in its San Diego and Los Angeles offices.
Expert Analysis
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What To Know About FinCEN's Deepfake Warning
A recent alert from the Financial Crimes Enforcement Network warns about the increased use of deepfake media to target financial institutions and their customers, showing that what seems like futuristic technology is a current threat that requires diligent controls and awareness of red flags, say attorneys at Davis Wright.