Consumer Protection

  • April 05, 2024

    Home Depot Accused Of Using Fake Discounts Online

    Home Depot has been hit with a class action in Georgia federal court, alleging it tricks buyers into purchasing items online by advertising false original prices and corresponding discounts that create the "illusion of short-lived bargains."

  • April 05, 2024

    5th Circ. Reels Back Banks' Late-Fee Rule Suit To Texas

    The Fifth Circuit on Friday ordered a return to Texas for a bank industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, throwing out a Texas federal judge's decision to send the case to D.C. federal court.

  • April 05, 2024

    Microsoft, Others Can Weigh In On Epic, Apple App Store Row

    A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.

  • April 05, 2024

    Nationwide Optometry To Pay $3.4M Over 2021 Data Breach

    Nationwide Optometry will pay $3.4 million to a proposed class of approximately 714,000 patients whose personal information was compromised following a ransomware attack in 2021 on network servers belonging to co-defendant U.S. Vision, according to a preliminary approval motion filed in New Jersey federal court.

  • April 05, 2024

    Solar Company Hit With TCPA Suit After $13.8M FTC Fine

    Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.

  • April 05, 2024

    Green Energy Co. Duped Investors Out Of $40M, Suit Says

    A proposed class of investors has hit a purported Chicago green energy outfit and its executives with a federal suit claiming they used promises of extravagant returns to get the plaintiffs to invest but never created any energy or produced the returns they promised. 

  • April 05, 2024

    Terraform And Founder Do Kwon Held Liable For Crypto Fraud

    A Manhattan federal jury quickly found bankrupt cryptocurrency startup Terraform Labs and its creator Do Kwon liable Friday for securities fraud, after the U.S. Securities and Exchange Commission claimed they lied to investors about the company's stability and business prospects.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 05, 2024

    National Association Of Broadcasters Hires New Deputy GC

    The National Association of Broadcasters has hired a former Baker McKenzie partner and Federal Trade Commission attorney to serve as its new deputy general counsel, the group announced Thursday.

  • April 04, 2024

    Google Ad Privacy Class Loses Cert. Bid, For Now

    A California federal judge Thursday refused to certify a class of potentially tens of millions of Google account holders alleging the company's ad auction practices violate privacy rights, saying that while the consumers have hit many certification requirements, the current class definition is improperly fail-safe.

  • April 04, 2024

    CFPB's Privacy Efforts Extend Beyond Banks, Chopra Says

    The Consumer Financial Protection Bureau is looking to wield its "significant" power to crack down on data privacy abuses to tackle a range of issues that go beyond traditional banking activities, including by crafting new restrictions on data brokers' ability to amass personal data and exploring risks facing consumers in the digital gaming market, the agency's head Rohit Chopra said Thursday.

  • April 04, 2024

    CFPB Says Online Games May Pose Financial Risks To Users

    The Consumer Financial Protection Bureau said Thursday that it sees significant financial and privacy risks facing consumers in the multibillion-dollar digital gaming market and will be keeping a close eye on online game and "virtual world" business practices as these platforms become increasingly financialized.

  • April 04, 2024

    'No Madonna Fan' Expects Show At Ticket Time, Singer Says

    Madonna, Live Nation and the Barclays Center asked a New York federal judge to toss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, saying no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.

  • April 04, 2024

    SEC Officials Say Existing Policies Key To Cyber Rule Reports

    Companies grappling with the U.S. Securities and Exchange Commission's new rule to publicly disclose material cybersecurity incidents will have an easier time defending reporting missteps if they work to put robust policies in place before a breach occurs, a pair of agency officials said Thursday. 

  • April 04, 2024

    NY Judge Says 'Defeat Device' Co. Protected By Section 230

    A New York federal judge tossed part of the federal government's lawsuit against the manufacturers of devices and software that allegedly allow vehicles to bypass pollution control mechanisms, saying the technology itself is "neutral" and has no effect on emissions without third-party content.

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    Bank Trade Group Urges Regulators To Sanction Navy Federal

    The president of the Independent Community Bankers of America has called on regulators to block Navy Federal Credit Union from using the term "community bank" to refer to military banking facilities it operates overseas, taking aim at the credit union with scathing accusations that it is "apparently insecure enough about [its] industry to pretend" it's a community bank.

  • April 04, 2024

    FCC Refuses To Restore Pa. Felon's FM Radio License

    The Federal Communications Commission has denied a Pennsylvania man's request to restore his radio license after he pled guilty to using a hidden camera to take and send nude photos of a woman.

  • April 04, 2024

    DraftKings Beats Bettors' Suit Tied To Damar Hamlin Collapse

    DraftKings on Thursday defeated a proposed class action when a federal judge found that the online sports betting platform followed its own rules after a Monday Night Football game was halted and ultimately canceled due to the collapse of Buffalo Bills safety Damar Hamlin.

  • April 04, 2024

    Google Files RICO Suit Alleging Crypto, Investing App Scams

    Google hit a pair of China-based app developers with a racketeering lawsuit in New York federal court Thursday, claiming they defrauded more than 100,000 users with dozens of fake investment and cryptocurrency exchange apps placed on the Google Play store that bilked users out of their money.

  • April 04, 2024

    ISP Tells FCC Bulk Billing Deals Are Pro-Consumer

    An internet service provider is trying to convince the Federal Communications Commission that banning bulk billing in apartment buildings is not the way to go and that the arrangements are actually a "key tool for closing the digital divide."

  • April 04, 2024

    Crypto Bank, Chair Blast FTX Investors' 'Gatling Gun' Claims

    A crypto bank and its chairman have urged a Florida federal judge to toss a second amended complaint from FTX investors alleging they helped Sam Bankman-Fried abscond with $8 billion in customer assets, saying the investors "employ a Gatling gun approach to pleading."

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    OCC's Hsu Floats Splitting Refund Costs For AI-Enabled Fraud

    Requiring banks and artificial intelligence platforms to share financial responsibility for reimbursing victims of AI-enabled payment fraud could help incentivize better anti-fraud controls, the Office of the Comptroller of the Currency's acting chief said Thursday.

  • April 04, 2024

    FCC's Net Neutrality Plan Leaves Network 'Slicing' Uncategorized

    The Federal Communications Commission will not automatically apply net neutrality rules to 5G mobile network "slices" when a plan to reimpose the rules on broadband service comes up for an agency vote later this month, but also said slices cannot be used to evade the regulations.

Expert Analysis

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

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