Consumer Protection

  • March 01, 2024

    General Mills Hit With False Ad Suit Over Pesticide In Cheerios

    A General Mills Inc. customer filed a proposed class action in New York federal court Thursday, alleging the company's labeling of its Cheerios brand is deceptive because it does not disclose that the cereals could contain dangerous levels of a pesticide that can reduce fertility and harm fetuses.

  • March 01, 2024

    J&J's Talc Lit The Spark For Doctor's Fatal Cancer, Jury Told

    Johnson & Johnson's baby powder was the 'spark' that caused the cancer that killed a Miami anesthesiologist, an attorney for her widower told jurors Friday as he urged them to punish the company for hiding the product's cancer links from consumers.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    Judge Says TCPA Class Limits Affect Only State Law Claims

    A Washington federal judge denied UnitedHealthcare's move to dismiss illegal automated call claims from non-Washington members in a Washington man's class action, calling the company's invocation of a 2017 U.S. Supreme Court ruling a "strained theory that has been rejected by every Circuit Court that has considered it."

  • March 01, 2024

    ​​​​​​​Amazon Shareholder Seeks Prime Info In Del. Chancery

    An Amazon stockholder has sued the online shopping and media giant in Delaware's Court of Chancery to obtain internal documents regarding what the investor and the government have called misleading schemes by the company to drive up Prime service subscriptions and confound customers who try to cancel their paid membership.

  • March 01, 2024

    McCarter & English Denied $1M Fee Bid In Celsius Ch. 11

    A New York bankruptcy judge has granted requests by a number of creditor groups in the Celsius Network Chapter 11 case for fees and expenses but denied a $1 million request by a borrower group represented by McCarter & English, saying it had failed to make a substantial contribution to the case.

  • March 01, 2024

    11th Circ. Revives Alabama Life Insurance Class Action

    An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.

  • March 01, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.

  • March 01, 2024

    State AGs Say SEC's Kraken Case Treads On State Authority

    Attorneys general from eight states have told a California federal judge that the theory used by the U.S. Securities and Exchange Commission in its enforcement case against crypto exchange Kraken could potentially preempt state laws for consumer protection.

  • March 01, 2024

    'We Don't Know If They Prejudged Meta,' Judge Says Of FTC

    The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    Suave Deodorant Buyers Ink $2M Settlement With Unilever

    A proposed class of antiperspirant buyers is asking an Illinois federal court to give the go-ahead to a $2 million settlement with Unilever United States Inc. over claims that it sold Suave products with dangerous amounts of benzene.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    Amazon Didn't Dupe Prime Buyer With TV Deal, Judge Rules

    An Amazon Prime customer who says he was tricked into thinking he saved $700 on a TV can't pursue fraud and deceptive practice claims against Amazon, an Illinois federal judge has ruled, finding that even if he only saved $100 compared to recent pricing, he still got exactly what he paid for.

  • March 01, 2024

    'Confusing' Class Cert. Bid Shot Down In Ga. 'No Lemon' Suit

    A Georgia federal judge refused Thursday to grant class certification to consumers who say they were denied appliance replacements by a pair of warranty companies, finding their proposed class was based on a "terse analysis littered with vague and conclusory assertions."

  • March 01, 2024

    Legal Study Site Says Data Privacy Claims Don't Apply To It

    Sellers International has asked a California federal court to dismiss a law school student's proposed class action claiming it shares video-watching data and other personal information with a third party without consent, arguing that the suit fails to show it is a videotape service provider and that it disclosed any personal information, and his suit risks violating the company's First Amendment rights.

  • March 01, 2024

    Kimberly-Clark Hit With Connecticut PFAS Class Action

    Three Connecticut residents have hit Kimberly-Clark Corp. with a proposed class action for allegedly contaminating private wells near its New Milford manufacturing plant with toxic "forever chemicals" emitted from the facility's smokestacks into the air and spread to the surrounding area.

  • March 01, 2024

    Conn. AG Tells Lawmakers To Ban MV Realty's 'Scam Deals'

    Connecticut's attorney general urged state lawmakers to protect vulnerable homeowners by passing legislation banning a business model used by MV Realty to rack up thousands in junk fees on people who sign their 40-year exclusive listing agreements.

  • March 01, 2024

    Levi & Korsinsky Gets Nod To Lead Nikola Investor Action

    An Arizona magistrate judge has recommended Levi & Korsinsky LLP to lead an investor suit alleging hydrogen-electric vehicle manufacturer Nikola Corporation failed to disclose that its safety and structural controls were deficient for its battery manufacturing, which made its vehicles unsafe to operate.

  • March 01, 2024

    NYC Real Estate Cos. Must Face Voucher Bias Suit

    A New York state judge refused to let a brokerage and a property manager escape a nonprofit's May 2022 suit accusing more than two dozen real estate companies of discriminating against people who use federal Housing Choice vouchers.

  • February 29, 2024

    US Eyes Rules To Secure Chinese-Made Connected Cars

    The U.S. Department of Commerce said Thursday that it's considering crafting regulations to address potential data privacy and security risks posed by connected vehicles that are imported from China and other foreign adversaries. 

  • February 29, 2024

    X Corp. Judge Blasts Suit Against Hate Speech Nonprofit

    A California federal judge on Thursday appeared inclined to toss X Corp.'s contract suit against a nonprofit claiming hate speech has surged on the former Twitter platform with Elon Musk's ownership, saying X's argument on damages "reduces foreseeability to one of the most vapid extensions of law."

  • February 29, 2024

    Texas Cash Advance Co. Fees Accused Of Usury In Disguise

    Cash advance app FloatMe Corp. has been hit with a proposed class action alleging the company violated Pennsylvania state law by charging fees that amount to unduly high interest rates on its short-term, small-sum loans.

Expert Analysis

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Opinion

    Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Basics Of Bank Regulators' Push For Discount Window Use

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    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

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