Consumer Protection

  • February 20, 2024

    Policyholder Attys Say Firm's Mailer Row Merits Coverage

    The North Carolina Supreme Court will hear arguments Wednesday over whether a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims is entitled to coverage under an excess policy, as policyholder attorneys anticipate a win for the firm. Here, Law360 breaks down the case in advance of the hearing.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Epic Calls Apple's $73M Fees Bid Overreach

    Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.

  • February 20, 2024

    Girardi Keese Trustee Recovers $1.8M In Fees For Exide Case

    A U.S. bankruptcy judge on Tuesday approved an agreement between the Girardi Keese bankruptcy trustee, a former attorney for the firm and the Mandell Law Firm to end an adversary proceeding connected to $1.8 million in attorney fees from a lawsuit over the toxic Exide battery plant in Vernon, California.

  • February 20, 2024

    Justices Give Feds Time In Texas, Fla. Social Media Law Fights

    The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.

  • February 20, 2024

    FCC Panel To Focus On AI's Consumer Impact

    The Federal Communications Commission set a consumer advisory panel back into motion Tuesday, with the impact of artificial intelligence on the telecom industry as a top priority.

  • February 20, 2024

    Fiji Water Microplastics Suit Heads To Illinois Federal Court

    The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.

  • February 16, 2024

    Old Rules Face New Risks As Justices Hear Truck Stop's Case

    A North Dakota truck stop's long-haul quest to save on bank card fees reaches the U.S. Supreme Court on Tuesday in a case that could hand businesses a double-edged sword with which to hack away at even decades-old regulations.

  • February 16, 2024

    Bid To Ax Calif. Kids' Digital Safety Law Gets Diverse Backing

    The U.S. Chamber of Commerce, the American Civil Liberties Union, more than a dozen media organizations and a slew of other business and consumer advocacy groups are urging the Ninth Circuit to preserve a ruling temporarily halting a new California law that requires social media platforms to bolster their privacy protections for children.

  • February 16, 2024

    Unshackled Calif. Privacy Agency To Bring Enforcement Heat

    California's privacy regulator is expected to not waste any time responding to a recent ruling that cleared the way for the fledgling agency to begin immediately enforcing the rules it's crafted under the state's data protection law, making it vital for businesses and employers to adjust their compliance efforts to meet the accelerated timeline. 

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    FCC Needs Enforcement Ombudsman, Ex-Agency Atty Says

    The Federal Communications Commission should consider a wide range of enforcement-related reforms, including creating an ombudsman's office to help companies navigate disputes that crop up during FCC investigations, a former agency general counsel has argued in a new industry-backed paper.

  • February 16, 2024

    Mayer Brown Denies Knowing Of 'Disturbing' Flint PR Effort

    A Mayer Brown LLP partner representing Veolia North America, the water engineering firm facing negligence claims from children exposed to lead in Flint, Michigan, told a Michigan federal judge Friday that his team didn't know about Veolia's public relations campaign disparaging the children's counsel, a campaign the judge labeled a "disturbing development."

  • February 16, 2024

    Samsung Ordered To Arbitrate Hundreds Of BIPA Claims

    An Illinois federal judge has ordered Samsung Electronics to arbitrate 806 customers' biometric-privacy claims and to pay the American Arbitration Association for fees it owes in the slew of disputes, ruling that the company can't refuse to arbitrate under its own binding agreements.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

  • February 16, 2024

    CFPB Broadens Supervisory Appeals Process

    The Consumer Financial Protection Bureau on Friday updated its process for financial institutions that appeal supervisory findings, issuing a new procedural rule that expands the types of matters that can be appealed and the options for resolving appeals.

  • February 16, 2024

    Industry Group Slams FDIC's Exit Bid In NSF Fees Challenge

    An industry group has shot back at the Federal Deposit Insurance Corp.'s bid to exit a suit over recent guidance warning banks about charging repeated nonsufficient funds fees, saying the guidance was issued without observing Administrative Procedures Act requirements and exceeds the FDIC's statutory authority.

  • February 16, 2024

    VanEck Pays SEC $1.75M Over Influencer Role In ETF Launch

    Financial product issuer VanEck agreed to pay the U.S. Securities and Exchange Commission a $1.75 million penalty over allegations it failed to disclose how it paid influencer Dave Portnoy to boost the launch of its social media-tied fund to the product's board.

  • February 16, 2024

    PNC Bank Defeats Customer's Suit Over Fraudulent Transfer

    A Pennsylvania federal judge on Friday tossed the two remaining claims in a suit alleging PNC Bank NA misled a California-based customer about stopping a money transfer to a scammer, saying the bank did not breach the account-holder agreement when it tried to recover the customer's funds.

  • February 16, 2024

    FCC Offers Incentives So Small Carriers Can Use Spectrum

    The Federal Communications Commission's new program to encourage spectrum licensees to divvy up their unused airwaves for sublease to smaller and more rural carriers is now up and running and accepting applications.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet

    In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.

  • February 16, 2024

    Target, Hoverboard Biz Settle Pa. Fire Deaths For $38.5M

    The parents of two deceased girls, Target and a hoverboard maker entered into a $38.5 million settlement Friday resolving a lawsuit in Pennsylvania federal court over a self-balancing scooter that allegedly shorted out while charging and caused a house fire that claimed the sisters' lives.

  • February 16, 2024

    ​​4th Circ. Revives COVID Benefits Class Action Against BofA

    The Fourth Circuit on Friday resurrected a proposed class action brought by a recipient of government COVID-19 assistance that alleges Bank of America didn't protect his unemployment benefits, reasoning the bank account was subject to a federal law that guards government benefits.

Expert Analysis

  • 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.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

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