Consumer Protection

  • February 22, 2024

    Family Dollar Accused Of Knowingly Selling Unsafe Drugs

    Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.

  • February 22, 2024

    BofA Card Holders Fight Uphill To Save Interest Charge Suit

    A California federal judge appeared inclined to toss a proposed class action claiming Bank of America illegally imposes excessive interest charges on variable-rate credit card holders, asking during a hearing Thursday if the plaintiff's counsel could "bolster" the complaint if the bank's motion to dismiss were granted.

  • February 22, 2024

    BofA Pulling Fast One To Exit Gag Clause Suit, Customers Say

    Consumers suing Bank of America for allegedly trying to stifle consumer critics through clauses in its online service agreements have urged a California federal judge not to toss their suit, arguing the bank's dismissal arguments are without legal merit, factually incorrect and "intended to mislead."

  • February 22, 2024

    Texas Developer Battles DOJ's 1st Predatory Mortgages Suit

    A Texas land developer is fighting back against a high-profile predatory lending lawsuit filed by the U.S. Department of Justice and Consumer Financial Protection Bureau, telling a Houston federal judge that the government's "reverse redlining" theory isn't legally sound and relies on sloppy loan comparisons.

  • February 22, 2024

    Wash. AG Seeks $1.2M In Damages For Debt Collector's Errors

    A debt collection company should pay more than $1.2 million after it "didn't even come close to complying with the law" while recovering medical debt payments for a hospital in Washington, the state attorney general's office told a judge during a bench trial Thursday.

  • February 22, 2024

    Lawmakers Press Big Banks On Muslim Discrimination Claims

    A group of five Democratic lawmakers on Thursday pressured the leaders of JPMorgan Chase, Bank of America, Wells Fargo and Citibank for information on how they work to prevent discrimination in banking, pointing to media reports of "de-risking" practices that target Muslim Americans.

  • February 22, 2024

    Game Maker Deserves Sanctions For Sealed Docs, Court Told

    High 5 Games and its attorneys should be slapped with sanctions for repeatedly trying to seal nearly all company records and filing overly long court briefs in a class action accusing the casino phone game developer of defrauding players, according to a motion filed by the lead plaintiff.

  • February 22, 2024

    FTC Lands $16.5M Privacy Deal Over Avast's 'Bait-And-Switch'

    Cybersecurity software provider Avast LLC will pay $16.5 million and be banned from selling web browsing data for advertising purposes to resolve the Federal Trade Commission's claims that the company sold this information to more than 100 third parties despite promising to protect consumers from online tracking, the agency announced Thursday.

  • February 22, 2024

    Grubhub's Business Is 'Suffused With Deception,' LA Says

    Grubhub's business is "suffused with deception," Los Angeles County said in a lawsuit filed Wednesday, claiming the food delivery service has long misled customers about prices and driver benefits and imposed "abusive" policies on restaurants.

  • February 22, 2024

    Survey Website Must Clearly Say It's Selling Customers' Info

    The Pennsylvania Attorney General's Office on Thursday announced a settlement with a Colorado company that was allegedly selling the information of visitors to its website to telemarketers without disclosing what it was doing.

  • February 22, 2024

    YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory

    A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.

  • February 22, 2024

    Hertz Sued Over Policy Limiting Options For Disabled Drivers

    Two customers hit Hertz with a proposed class action Thursday in California federal court, alleging that the car rental company discriminates against people with disabilities by reducing the number of vehicles in its fleet that can be operated with hand controls.

  • February 22, 2024

    Tribal Co., Minn. Agree To Settle Interest Rate Overcharge Row

    Minnesota officials and Montana's Fort Belknap Indian Community have agreed to settle claims that the tribe's economic development corporation engaged in predatory lending practices by charging interest rates up to 800% on loans to thousands of state residents.

  • February 22, 2024

    ISP Liaison Must Monitor Digital Equity Compliance, FCC Told

    Civil rights advocates are urging the Federal Communications Commission to adopt a rule requiring that internet service providers appoint liaisons to serve as contact points for communities and file annual reports detailing compliance with digital non-discrimination rules.

  • February 22, 2024

    Gilead Reaches Deal In Suit Over Counterfeit HIV Drug

    Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.

  • February 22, 2024

    Conn. AG Defends $10M Remedy Bid Against Nursing School

    The state of Connecticut on Thursday defended its request to collect a $10 million litigation placeholder from a shuttered nursing school, arguing state regulators were correct to take action against the troubled institution despite the school's strenuous assertions that the attorney general's office is wrong on many facts.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Mass. Medical Regulator Seeks Pregnancy Center Records

    A group of pregnancy crisis centers in Massachusetts and their medical director have been hit with a civil investigative demand by the state's medical board, which says it is looking into allegations the clinics "may be engaging in deceptive practices" and allowing unlicensed employees to perform ultrasounds and other procedures.

  • February 22, 2024

    Charter Argues For Tough IoT Security Authentication

    As the Federal Communications Commission prepares to vote next month on a "U.S. Cyber Trust Mark" for Internet of Things devices, cable giant Charter said the FCC should require that eligible devices maintain secure access controls.

  • February 22, 2024

    'Baffled' Judge Tells Attys Flo Health Case Isn't 'World War III'

    A California federal judge on Thursday blasted the parties in a proposed class action alleging that menstruation tracking app Flo Health impermissibly shares users' health information with Google and others, saying with their voluminous expert requests and "nitpicky" discovery letters, they're "litigating this case like it's World War III."

  • February 22, 2024

    FCC Dems Press Plan To Raise Broadband Speed Standards

    The Federal Communications Commission's Democratic majority will take another shot next month at raising the federal standard for broadband speeds, saying the existing minimums have lagged the private sector for too long.

  • February 22, 2024

    Fire Product Makers Try To Move PFAS Suit To Fed. Court

    A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.

  • February 22, 2024

    HHS Warning to Congress: Health Data Breaches Surging

    The number of large data breaches exposing protected health information more than doubled in a recent five-year period, reaching 626 incidents in 2022 that affected nearly 42 million people, federal officials said Thursday.

  • February 22, 2024

    Wash. AG Can't Go It Alone Against Kroger Merger, Cos. Say

    Kroger and Albertsons have urged a judge to toss Washington state's "go-it-alone" bid to block their $24.6 billion merger deal, arguing the anti-competitive concerns raised by the state's attorney general are not a nationwide antitrust issue.

Expert Analysis

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 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.

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