Consumer Protection

  • February 21, 2024

    Calif. Chamber Takes Privacy Regs Fight To State High Court

    The California Chamber of Commerce is pressing the state's Supreme Court to overturn a ruling that allows California's new data privacy agency to begin enforcing regulations it has finalized, arguing that there's "no way" state voters envisioned companies having less than a year to comply with the rules.  

  • February 21, 2024

    Texas Crypto Firm Sues SEC To Avoid 'Unlawful' Enforcement

    A Texas-based crypto firm has sued the U.S. Securities and Exchange Commission in a bid to convince a Texas federal court to find that digital assets traded on public exchanges are not securities and protect it from potential registration enforcement cases.

  • February 21, 2024

    Crypto Law Firm Invokes Coinbase Petition In SEC Challenge

    Crypto-focused law firm Hodl Law PLLC told the Ninth Circuit on Wednesday that its standing to sue the U.S. Securities and Exchange Commission over its crypto policy is undeniable now that the agency has decided not to take up a rulemaking petition from crypto exchange Coinbase.

  • February 21, 2024

    FTC Says Twitter Staff Prevented Musk Violating Privacy Order

    The Federal Trade Commission told the House Judiciary Committee on Wednesday that were it not for Twitter employees disobeying Elon Musk's orders to grant some reporters "full access to everything ... no limits at all" to the social media platform's systems, the company may have violated a 2022 FTC consent decree.

  • February 21, 2024

    Hospital Debt Collector To Pay $1M To End Wash. AG's Claims

    Debt collector Harris & Harris has agreed to shell out $1 million to resolve allegations that it collected medical debt payments from tens of thousands of Washington state patients without disclosing that they might qualify for financial assistance, according to a consent decree filed in state court on Wednesday.

  • February 21, 2024

    GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time

    A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.

  • February 21, 2024

    OCC's Hsu Floats Payments, PE 'Trip Wires' For FSOC Review

    The Office of the Comptroller of the Currency's acting chief sounded an alarm Wednesday about the growth of digital payments and private equity, saying federal regulators should consider setting numerical "trip wires" around those activities to stay ahead of potential financial stability risks.

  • February 21, 2024

    Chase Bank's Returned Check Fee Is Unlawful, Suit Says

    JPMorgan Chase & Co. has been hit with a proposed class action accusing it of imposing predatory fees on customers who attempted to deposit invalid checks, saying there is no way some check recipients could have reasonably predicted their checks would bounce.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    TD Bank Customers Seek OK On $32.2M Overdraft Fee Deal

    A class of TD Bank customers asked a New Jersey federal judge Wednesday for her preliminary approval of a $21.97 million deal over allegedly improper overdraft fees in debit card transactions, plus $10.25 million in reductions to outstanding balances for accounts that were closed with amounts due to the bank.

  • February 21, 2024

    'Cyber Trust Mark' Will Get Vote At Next FCC Meeting

    The proposed "U.S. Cyber Trust Mark" for "smart" products will come up for a vote at the Federal Communications Commission next month, FCC Chair Jessica Rosenworcel said Wednesday.

  • February 21, 2024

    Google Judge Slams Lack Of User Choice, Mulls Privacy Cert.

    A California federal judge on Wednesday appeared open to certifying a class of potentially tens of millions of Google account holders alleging Google's ad auction practices violate privacy rights, doubting that users consented to data-sharing if they couldn't opt out and telling Google's counsel, "there's no transparency and there's no choice."

  • February 21, 2024

    Justices Turn Away Meta Bid To End Ad Discrimination Suit

    A proposed class action accusing Facebook owner Meta of permitting discrimination in choices regarding which users could see housing ads appears headed for discovery after the U.S. Supreme Court denied the company's petition to appeal a split Ninth Circuit ruling.

  • February 21, 2024

    NC Justices Hint At Coverage For Firm's Driver Privacy Row

    The North Carolina Supreme Court seemed skeptical Wednesday of an insurer's contention that mailers sent by a law firm to car crash victims based on public accident reports couldn't be considered coverage-triggering publication of material that violates a person's right to privacy.

  • February 21, 2024

    4th Circ. Tosses Migrant Bond Co.'s CFPB Funding Challenge

    The Fourth Circuit on Wednesday dismissed an appeal from an immigrant bond service company being sued by the Consumer Financial Protection Bureau for allegedly running a predatory scheme, finding that the court has no appellate jurisdiction over the litigation.

  • February 21, 2024

    CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing

    Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.

  • February 21, 2024

    FCC Commissioner To Meet With Indian Gov't On TikTok Ban

    FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.

  • February 21, 2024

    Chipotle Swaps Gift Cards For 'Worthless' Vouchers, Suit Says

    A Chipotle customer hit the fast-food chain with a proposed class action in California federal court Tuesday, alleging the company is unjustly making hundreds of thousands of dollars by refusing to refund orders made with gift cards and instead offering disgruntled customers vouchers so limited that they're effectively "worthless."

  • February 21, 2024

    Tesla, Musk Say Investors' Self-Driving Fraud Suit Is Doomed

    Attorneys for electric-car maker Tesla and its owner, Elon Musk, have said a proposed class action related to claims the company and billionaire had made about the vehicles' autonomous driving abilities should be dismissed, saying most of the statements at issue were forward-looking.

  • February 21, 2024

    FCC Considers Adding Missing Persons To Emergency Alerts

    The Federal Communications Commission plans to introduce a new code to the Emergency Alert System to allow information about missing or endangered persons to be widely disseminated.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    FCC Looks To Finalize 'All-In' Cable Pricing Disclosures

    The Federal Communications Commission plans to vote next month on controversial rules to require cable companies to post "all-in" prices on marketing materials and subscriber bills.

  • February 21, 2024

    AT&T Says Satellite Cell Coverage Must Rely On Leases

    The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."

  • February 21, 2024

    Connecticut Atty To Settle Client's Suit Over Cash Mishap

    A Connecticut lawyer who allegedly sent part of his client's $286,000 real estate transaction to a purported fraudster posing as that client with a fake email address has come to a "tentative settlement" to resolve the malpractice suit against him, new state court filings show.

Expert Analysis

  • 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.

  • 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.

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