Consumer Protection

  • November 13, 2024

    Incoming Wash. AG Keeps State's Veteran Solicitor General

    Washington state Attorney General-elect Nick Brown said Wednesday he will keep in place the same solicitor general who's held the role since 2013, attorney Noah Purcell.

  • November 13, 2024

    Insurers Say Hyundai, Kia Should Pay For Combusting Cars

    A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.

  • November 13, 2024

    Allow Robotexts And Calls To Customers, Verizon Urges FCC

    Verizon is calling on the Federal Communications Commission to exempt wireless providers from new rules making it easier for consumers to back out of telemarketing robocall and text consent, saying that including the providers would lead to consumers opting out of communications they actually need.

  • November 13, 2024

    Firms Seek To Ax 'Retaliatory' Suit Over Arbitration Demands

    Two plaintiffs law firms urged a D.C. federal court to toss a suit from two casino-style gaming websites that accuse the firms of filing meritless arbitrations against them, telling a judge during a hearing Wednesday that the litigation is retaliatory and has no ties to Washington, D.C.

  • November 13, 2024

    Connecticut Banking Dept. Can Fine Legal Funder, Judge Says

    The Connecticut Department of Banking has jurisdiction over a legal funding company under the state's Small Loan Act, a state judge ruled in dismissing an administrative appeal linked to a $25,000 fine that the regulator imposed.

  • November 13, 2024

    Bradley Arant Aims To Toss Malpractice Arbitration Claims

    Bradley Arant Boult Cummings LLP and a firm attorney urged a California federal judge to toss a San Diego-based business consulting firm's lawsuit contending the law firm botched an arbitration proceeding with tribal entities, saying the court lacks personal jurisdiction and is an improper venue as the arbitration and legal work largely took place outside the state.

  • November 13, 2024

    Mass. AG Ready To Reprise Office's Role As Trump Foil

    Taking a page from her predecessor's book, Massachusetts Attorney General Andrea Joy Campbell told Law360 she is hoping to work with the incoming Trump administration, but the Democrat said she is nevertheless prepared to use her office's "significant tools and power" to challenge actions she feels are at odds with her constituents' interests.

  • November 13, 2024

    Trump Taps DOJ Critic Matt Gaetz For Attorney General

    President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.

  • November 13, 2024

    FTC Antitrust Case Against Meta Is Heading To Trial

    A D.C. federal court ruled Wednesday that Meta will have to face trial on the Federal Trade Commission's claims that the Facebook parent company monopolized personal social networking through its acquisitions of Instagram and WhatsApp.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Tech Group Seeks Block Of Calif. Social Media Addiction Law

    A tech trade group that has contested a rash of new social media laws around the country launched its latest constitutional challenge Tuesday, targeting a recently enacted California law designed to block online platforms from using algorithms to deliver addictive feeds to children without parental consent.

  • November 12, 2024

    5th Circ. Won't Reopen CFPB Payday Rule Fight

    The Fifth Circuit on Tuesday denied a bid from a lender to reopen an industry legal challenge to the Consumer Financial Protection Bureau's payday loan rule that previously foundered at the U.S. Supreme Court, clearing the way for the rule to take effect.

  • November 12, 2024

    Guardant CEO Says Rival's False Ads Hurt 'Beautiful Baby'

    Guardant Health's CEO testified Tuesday in his company's false advertising suit against Natera Inc. that its rival's "misleading" ad campaign hurt Guardant's colorectal cancer test launch, saying he felt like somebody had taken their "beautiful baby" and "slammed its head against the wall."

  • November 12, 2024

    Trump Pick To Lead EPA Is Loyal, Would Learn On The Job

    President-elect Donald Trump prioritized loyalty and a demonstrated ability to carry out his priorities with his announcement that he intends to nominate a former congressman from New York state to lead the U.S. Environmental Protection Agency.

  • November 12, 2024

    Bayer Ruling Looms Over Jaguar EV Battery Fire Risk Suit

    A recent Third Circuit decision reviving product liability claims against Bayer over tainted antifungal spray may "bear" on proposed class claims accusing Jaguar Land Rover's U.S. arm of knowingly selling thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge found Tuesday.

  • November 12, 2024

    Celsius' Mashinsky Must Face Full Indictment, Judge Says

    Ex-Celsius Network CEO Alex Mashinsky must face claims that he committed commodities and securities fraud and manipulated his now-bankrupt business's proprietary token after a New York federal judge declined to trim the indictment against him.

  • November 12, 2024

    Big Tech Litigant's Latest Suit Vs. Google Tossed

    A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.

  • November 12, 2024

    FTC Doubts It Overstepped On Editing Meta Decree

    The FTC spent its morning mulling whether it overstepped in trying to modify a 2020 consent decree with Facebook to impose new restrictions on the social media titan now known as Meta after finding that the company hadn't been keeping its data privacy promises.

  • November 12, 2024

    Wireless Group Backs Verizon In Fight Over FCC Privacy Fine

    A major wireless industry group has urged the Second Circuit to deep-six the Federal Communications Commission's nearly $47 million fine against Verizon for selling customers' location data, arguing the FCC read its authority to penalize the mobile giant too broadly.

  • November 12, 2024

    Visa To Fight Market Definition In DOJ Antitrust Case

    Attorneys for Visa told a New York federal judge on Tuesday that the company plans to argue the U.S. Department of Justice's debit card monopolization case should be tossed because it ignores a key payment method and attacks legitimate contracts.

  • November 12, 2024

    Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe

    Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.

  • November 12, 2024

    Don't Let Broadband Maps Overstate Rural Overlap, FCC Told

    Rural telecoms are again urging the Federal Communications Commission to beware of overstated provider overlap in its National Broadband Map when allocating federal deployment funding, arguing that the map should be used as part of a holistic process to determine where money should be spent and not the sole determinant.

  • November 12, 2024

    HIV Drug Buyers Want Gilead Product Switch Claims Revived

    Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.

  • November 12, 2024

    Web App Antitrust Suit Backed By Epic-Apple, 9th Circ. Told

    A proposed class of iPhone buyers urged the Ninth Circuit on Friday to revive their antitrust claims over Apple's barriers against advanced web-based apps, saying a California federal judge's dismissal order directly contradicts binding precedent from Epic Games' landmark monopoly suit against the tech giant.

  • November 12, 2024

    Tempur Sealy Merger 'Surprisingly Bold,' Competitor Testifies

    The CEO of a Utah-based mattress company told a Houston federal judge Tuesday that Tempur Sealy's proposed remedies under its $4 billion planned Mattress Firm purchase were "surprisingly bold" as the Federal Trade Commission began its case in opposition of the merger.

Expert Analysis

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance

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    Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Call For Input Shows How Banks, Fintechs Can Address Risks

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    A recent request for information by federal banking regulators suggests that watchdogs are zeroing in on the bank-fintech partnerships they have long perceived as risky to consumers, but analyzing the publication can help companies anticipate regulators’ chief concerns and take steps to avoid becoming enforcement targets, say attorneys at K&L Gates.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • How New OCC Priorities Will Affect Bank Compliance

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    With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.

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