Consumer Protection

  • February 14, 2024

    Dentists Can't Get Class Certification In SmileDirectClub Suit

    A Tennessee federal judge has denied a bid from a group of dentists seeking class certification in their false advertising suit against SmileDirectClub LLC, saying proving an injury and damages would involve too many individualized questions to support class treatment.

  • February 14, 2024

    Shareholders Seek Approval For $7.5M Faraday Future Deal

    Faraday Future Intelligent Electric Inc. investors are asking a California federal judge to certify a settlement class and approve a $7.5 million deal to resolve their claims that the company misled them about its electric vehicle reservations and financial prospects before a go-public special-purpose acquisition company merger.

  • February 13, 2024

    $19M Mortgage Relief Case Is 1st Calif. DFPI, FTC Joint Win

    The Federal Trade Commission and the California Department of Financial Protection and Innovation have secured a $19 million judgment against four individuals and their corporations for running a mortgage assistance relief services scam, the agencies announced Tuesday.

  • February 13, 2024

    LabCorp Sued Over Sharing Sensitive Health Info With Google

    The Laboratory Corporation of America shares sensitive health information and website browsing history with Google without patients' knowledge or consent, according to a proposed class action filed Tuesday in Pennsylvania federal court.

  • February 13, 2024

    FTC's Monopolization Case Against Amazon Set For 2026 Trial

    A Washington federal judge has scheduled a bench trial in the Federal Trade Commission's landmark monopolization case against Amazon for early October 2026, according to an order issued Tuesday.

  • February 13, 2024

    PrizePicks Pays $15M To Settle NY Fantasy Sports Claims

    Daily fantasy sports operator PrizePicks has agreed to pay $14.9 million to settle allegations it offered fantasy sports contests to New York residents without a permit, the New York State Gaming Commission said Tuesday.

  • February 13, 2024

    Attys Must Reveal Possible Tie To 'Disturbing' Flint PR Move

    A Michigan federal judge on Tuesday tore into attorneys for a water engineering firm being sued for its alleged role in the Flint water crisis, warning them of severe repercussions if they are found to be involved in a campaign to disparage opposing counsel.

  • February 13, 2024

    FCC Runs Into Reality Of Limited Power To Fight Deepfakes

    The Federal Communications Commission drew headlines last week when it declared that cloned voices fall under a federal ban on junk calls. But the ruling may not be as powerful as supporters would like, especially as campaign shenanigans heat up as election season draws near.

  • February 13, 2024

    Tesla Fights To Send False EV Mileage Fight To Arbitration

    Tesla urged a California federal judge Tuesday to send to arbitration two proposed class actions alleging that the company falsely advertised inflated mileage ranges for its electric vehicles at the direction of CEO Elon Musk, arguing that the car owners agreed to arbitrate their disputes when they ordered the vehicles.

  • February 13, 2024

    Judge Says Latham Deserves Default Win Over Scam Domains

    Latham & Watkins LLP should be handed a default win against an unknown scammer it accused of registering dozens of domain names to impersonate the firm and one of its attorneys in an attempt to defraud clients, a federal magistrate judge in Virginia recommended Tuesday, determining the firm has a protectable interest in a valid trademark.

  • February 13, 2024

    PR Giant Ketchum Sued Over Voyager's Celeb Crypto Promos

    A class of users of bankrupt crypto lender Voyager have sued public relations company Ketchum Inc. in Florida federal court over its work organizing a Voyager event with an NBA basketball team and other promotional materials, which the users say amounted to aiding and abetting the crypto platform's sale of unregistered securities.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    Judge Says Suit Over Dyson Warranties Relies On 'Conjecture'

    An Illinois federal judge on Tuesday tossed a putative class action accusing Dyson of withholding warranty coverage if consumers don't use specific repair services or try to make repairs themselves, ruling there was a "striking mismatch" between the lead plaintiff's theories of liability and her purported injury.

  • February 13, 2024

    Likee Video App Can't Swipe Away BMG's Copyright Suit

    The company behind Likee must face a trimmed version of BMG's copyright lawsuit alleging the short-video creation app exploits artists' music without permission, a California federal judge ruled, tossing the music publisher's direct infringement claim but keeping alive its claim of contributory infringement.

  • February 13, 2024

    App Users Want Class Certification In Data Breach Case

    Consumers suing a parking app company asked a Georgia federal judge Monday to certify a class in their lawsuit alleging lax cybersecurity led to their data being stolen, sold and then given away for free on the dark web following a March 2021 data breach.

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

  • February 13, 2024

    Samsung Echoes LG Chem In Vape Battery Arguments

    Samsung told a Houston appellate court Tuesday that it shouldn't be held liable for injuries a man incurred after a lithium-ion battery exploded in his pocket, saying the case fell outside the scope of recent battery explosion cases state courts have been wrangling with, despite making substantially similar arguments to the panel.

  • February 13, 2024

    United Airlines Seeks Exit In 'Sustainable' Fuel Suit

    Passengers can't pursue state fraud claims against United Airlines Inc. over its allegedly deceptive marketing pledge to use "sustainable aviation fuel," the air carrier has told a Maryland federal judge, arguing that federal law preempts such claims.

  • February 13, 2024

    Restaurants Trying To Derail Chicken Deals, 7th Circ. Told

    Direct broiler chicken purchasers who've inked nearly $285 million in price-fixing settlements blasted Boston Market and other restaurants' attempts to stop an $8 million deal from Simmons Foods, telling the Seventh Circuit the companies are trying to illegally unwind a strategic mistake. 

  • February 13, 2024

    Comer Says FTC Is Stalling On Oversight Committee Worries

    House Oversight Committee Chairman James Comer, R-Ky., continued Tuesday to hammer away at the Federal Trade Commission and Chair Lina Khan, assailing the frequent target of Republican criticism for failing to "fully address" lawmaker inquiries into the FTC's handling of due process and federal ethics law.

  • February 13, 2024

    Insurer Wants Security Cos. To Repay Assault Defense

    An insurer said it does not owe coverage to two security service companies facing several lawsuits filed by grocery store customers who claim they were battered by security guards, telling a California federal court that the companies owe it reimbursement because their policies don't cover bodily injuries.

  • February 13, 2024

    Colo. Justice Says Something 'Wrong' With Ski Lift Waivers

    A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.

  • February 13, 2024

    FCC Member Seeks Probe Of Apple's Message App Shutdown

    A member of the Federal Communications Commission is calling on the agency to investigate Apple's move to stifle an app that would have integrated iMessage and Android messaging and eliminated degradation issues that cause Android messages to show up as hard-to-read green bubble texts and grainy videos on iPhones.

  • February 13, 2024

    Insurer Must Face Bad Faith Claim In Premium Refund Suit

    A Liberty Mutual unit can't escape a proposed class action's remaining claim that the insurer acted in bad faith by failing to adequately adjust auto insurance premiums collected during the COVID-19 pandemic, a California federal court ruled.

  • February 13, 2024

    J&J Hid Cancer Risk From Consumers, Fla. Jury Told

    Johnson & Johnson has known for decades that its baby powder contains asbestos and is linked to cancer, a Miami jury was told Tuesday in a suit seeking to hold the company liable for the death of an anesthesiologist who used the talcum powder daily for 50 years.

Expert Analysis

  • ESG Concerns Can No Longer Be Ignored In 2024

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    While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

  • CFPB As Pay App Watchdog May Invite More Fintech Regs

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    While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • Breaking Down The New FCC Lead Generation Rules

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    The Federal Communications Commission's new rules to close the so-called lead generator robocall and robotexts loophole herald a transformative halt to the traditional lead generation industry, necessitating the development of entirely new marketplace solutions to align with the impending compliance requirements, says Alexis Buese at Bradley Arant.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Calif. Banking Brief: All The Notable Legal Updates In Q4

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    As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • FTC Rite Aid Order Holds Biometrics And AI Compliance Tips

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    The Federal Trade Commission's recent enforcement action against Rite Aid over its use of facial biometric technology on customers provides lessons that can be leveraged to reduce and manage the risk of regulatory scrutiny of biometrics and artificial intelligence, says David Oberly at Baker Donelson.

  • What Brands Need To Know About Consumer Reviews In 2024

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    Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

  • Series

    In The CFPB Playbook: Rulemaking Rush Before Election Year

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    In this quarterly Consumer Financial Protection Bureau activity recap by former bureau personnel, attorneys at McGuireWoods explain the regulator's recent push to finalize new rules about data aggregators, digital payment apps and more before the election-year Congressional Review Act window opens.

  • Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

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    An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

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