Consumer Protection

  • January 23, 2025

    Dems Cite 'Unprecedented Concerns' With Trump Memecoins

    U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.

  • January 23, 2025

    Atty Hit With TCPA Class Action Over Camp Lejeune Calls

    A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.

  • January 23, 2025

    NY Regulator Steps Up Overdraft Fee Fight In CFPB's Wake

    New York's Department of Financial Services has proposed new limits on overdraft and insufficient funds fees for banks that it regulates, positioning the state to pick up where the Biden administration left off with efforts to curb so-called junk fees.

  • January 23, 2025

    Conn. High Court Snapshot: Atty's Bonus, Burn Verdict

    In its next term starting Monday, the Connecticut Supreme Court will hear an appeal from an acupuncturist who doesn't want to share liability for a judgment paid to a burn victim, and consider whether to reverse a seven-figure verdict for a private equity management firm's founder, who claims other members improperly cut him out.

  • January 23, 2025

    Trump Forms Crypto Working Group To Create Fed. Framework

    President Donald Trump took another step towards fulfilling his campaign promises to the cryptocurrency industry on Thursday with an executive order that directs regulators to get to work establishing a federal framework for digital assets and prohibits the creation of a central bank digital currency.

  • January 23, 2025

    Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels

    An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.

  • January 23, 2025

    Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal

    A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.

  • January 23, 2025

    4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.

    A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.

  • January 23, 2025

    GOP AGs, Groups Back 11th Circ. Noncompete Ban Challenge

    A group of Republican state attorneys general filed one of a half-dozen amicus briefs Wednesday urging the Eleventh Circuit not to revive the Federal Trade Commission's ban on employment noncompete agreements, arguing the already-endangered rule exceeded FTC authority and threatens legitimate safeguards for corporate secrets.

  • January 23, 2025

    SEC Rescinds Controversial Crypto Accounting Guidance

    The U.S. Securities and Exchange Commission rolled back its controversial cryptocurrency accounting guidance known as SAB 121 Thursday evening, hot on the heels of newly appointed acting Chairman Mark Uyeda's commitment to shifting the regulator toward setting clear guidelines for digital assets.

  • January 23, 2025

    AT&T, Dish Owe FCC $20.6M In Unverified Subsidy Payments

    AT&T and Dish Network will have to repay the Federal Communications Commission the more than $20 million it took in early pandemic broadband subsidy funds because they failed to verify that the people they used those funds for were eligible for the program.

  • January 23, 2025

    NJ Town Loses Bid To Join NYC Congestion Pricing Suit

    A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.

  • January 23, 2025

    McKinsey Not Covered For Over 260 Opioid Suits, Chubb Says

    A group of Chubb insurers said they have no duty to defend or indemnify McKinsey & Co. in more than 260 suits accusing the management consulting firm of contributing to the opioid epidemic, telling a Delaware state court that the underlying suits do not seek damage "because of" bodily injury.

  • January 23, 2025

    Conn. Lawmakers Target Healthcare After Hospital's Ch. 11

    In the lead-up to and aftermath of California hospital operator Prospect Medical Holdings Inc.'s $1 billion bankruptcy, Connecticut lawmakers are considering new regulatory powers, promising and penning oversight bills for hospitals owned by private equity firms and real estate trusts while seeking to stabilize the state's healthcare markets.

  • January 23, 2025

    PayPal To Pay $2M To NY Regulator In Cybersecurity Deal

    PayPal agreed on Thursday to pay a $2 million fine to the New York State Department of Financial Services to resolve allegations that it failed to use qualified personnel to manage key cybersecurity functions and failed to provide proper training to address cybersecurity risks, resulting in sensitive customer information being vulnerable to hackers.

  • January 23, 2025

    Calif. Kids' Privacy Law Ignores 1st Amendment, Judge Says

    A California federal judge appeared open Thursday to preliminarily blocking for the second time a landmark California law requiring tech giants to bolster privacy protections for children, telling the state's counsel that nothing shows the Legislature "cared one whit about the Constitution," and "now you're trying to reverse engineer it."

  • January 23, 2025

    HP Says Ill. Ink Antitrust Claims Fall 'Woefully Short'

    HP urged an Illinois federal judge on Thursday to toss out customers' lawsuit accusing it of anticompetitively blocking them from using third-party ink cartridges in their machines, arguing that they haven't come close to showing how it tied customers' printer purchases to the alleged restriction.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    Meta Wants Mass. Justices To Intervene In AG's Suit

    Meta Platforms has urged Massachusetts' highest court to take up its challenge to a pending lawsuit brought by the state attorney general's office, which accused the social media company of intentionally designing Instagram to be addictive to children and teenagers.

  • January 23, 2025

    House Bill Filed To Renew FCC Auctions, Spectrum Pipeline

    A Republican lawmaker introduced a bill Thursday that would give the Federal Communications Commission authority to auction the airwaves and direct the government to turn over at least 2,500 megahertz for private sector or shared use in the next five years.

  • January 23, 2025

    FTC Chair's 1st Act: Ending 'Scourge' Of DEI

    Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.

  • January 23, 2025

    Khan Leaving The Federal Trade Commission By Jan. 31

    Federal Trade Commission member Lina M. Khan has said she'll leave the agency by the end of the month, stepping down after President Donald Trump's inauguration enshrined her demotion from chair to line commissioner.

  • January 23, 2025

    Turkey Buyers Get Classes Certified For Antitrust Claims

    An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.

  • January 23, 2025

    DraftKings Sued Again Over Alleged 'Deceptive' Promotions

    DraftKings lures new bettors with unethical and fraudulent practices, such as "risk-free" bets, newcomer bonuses and deposit matches, that make it "the present face of competition in the obscenely profitable, and formerly illegal, industry," according to a proposed class action in New York federal court.

  • January 23, 2025

    15 States Reach $7.4B Settlement With Sackler Family

    A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.

Expert Analysis

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • A Look At The Increased Scrutiny Of Cash Sweep Programs

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    Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Election Outcome Could Reshape Financial Industry

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    The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • 3 Steps For Companies To Combat Task Scams

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    On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.

  • False Patent Marking Claims Find New Home In Lanham Act

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    While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.

  • Digging Into CFPB's Overdraft Fee Consent Guidance

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    Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.

  • A Look At Calif. Biz Code And The Fight Over Customer Lists

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    To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Crypto.com's Suit Against SEC Could Hold Major Implications

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    Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.

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