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Consumer Protection

  • September 08, 2025

    Cleo AI Must Face Military Lending Suit Over Cash Advances

    Cleo AI must face an Army staff sergeant's proposed class action alleging it employs predatory lending practices through its cash advances that exceed the Military Lending Act's annual percentage rate cap on consumer credit, after a Washington federal judge said Monday the advances constitute as "credit" under the statute. 

  • September 08, 2025

    Burger King Can't Force Arbitration Of Website Tracking Row

    A California federal judge has refused to send to arbitration a proposed class action accusing Burger King's parent company of illegally tracking website visitors who had opted out of the practice, finding that the plaintiff had neither affirmatively agreed to arbitrate nor waived his right to challenge the existence of such a pact.

  • September 08, 2025

    Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs

    A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.

  • September 08, 2025

    9th Circ. Affirms Toss Of Illuminate Education Data Breach Suit

    A Ninth Circuit panel affirmed a lower court's dismissal of a proposed class action Monday filed against Illuminate Education Inc. by parents of children whose personal information may have been exposed in a massive data breach, holding the plaintiffs did not demonstrate that any harms were suffered. 

  • September 08, 2025

    FCC Nears 4-Year Review Of Media Ownership Regs

    Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.

  • September 08, 2025

    Google Tells Judge Not To Break Up Ad Tech Biz

    Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.

  • September 08, 2025

    OCC Will Weigh 'Debanking' In Licensing, CRA Reviews

    The Office of the Comptroller of the Currency shed more light Monday on its plans for carrying out President Donald Trump's call to end so-called debanking, saying it will factor account closure concerns into its community lending exams, merger reviews and more.

  • September 08, 2025

    FCC To Revoke Authorizations For Foreign-Owned 'Bad Labs'

    The Federal Communications Commission on Monday began revoking U.S. authorizations for seven communications equipment-testing labs it says are controlled by foreign adversaries.

  • September 08, 2025

    Bank Group Urges Supervision Reform Amid Regulatory Shift

    A banking think tank announced Monday a new campaign to persuade federal policymakers to reform bank supervision frameworks the institute described as "subjective, duplicative, tangential to material risks and extralegal," the news following on the heels of a similar proposal issued by federal regulators.

  • September 08, 2025

    Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed

    A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.

  • September 08, 2025

    Conn. Nissan Dealer's Managers Settle Price Add-On Claims

    Two sales managers from a Nissan dealership have inked agreements with the Federal Trade Commission and the state of Connecticut over claims that the dealership broke the law by adding deceptive extras to vehicle sale prices.

  • September 08, 2025

    Home Depot Sued Over AI Self-Checkout Surveillance

    Home Depot was sued by a putative class of customers in Illinois federal court Friday claiming a "computer vision" surveillance system at its stores' self-checkout kiosks capture scans of their facial geometry without the disclosures and consent required under Illinois' biometric privacy law.

  • September 08, 2025

    Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes

    The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.

  • September 08, 2025

    Firefighters Say PFAS Economic And Health Harms Are Real

    Connecticut firefighters and unions hit back Friday at Honeywell, DuPont and other safety gear manufacturers trying to exit their federal proposed class action that alleges the companies sold gear with hazardous forever chemicals, saying they had alleged enough economic and health risks for their suit to proceed.

  • September 08, 2025

    FCC To Examine Impact Of State, Local Wireline Rules

    The Federal Communications Commission plans to take a closer look at federal preemption of state and local rules that could impede the deployment of wireline telecom and broadband service.

  • September 08, 2025

    E-Bike Co. Hid Battery Issues, Investor Says In Stock Suit

    An investor sued Fly-E Group Inc. on Monday in New York federal court, alleging that the company and its officers ignored slumping sales because of problems with its lithium-ion batteries, inflating stocks until they dropped by 87% in a single day when the truth came out.

  • September 08, 2025

    Class Actions May Be The New Injunction Bid, And Next Target

    In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.

  • September 08, 2025

    Penny Stock Trader Denies SEC Claims At Trial Despite Plea

    An Ohio salesman who in 2022 copped to fraudulently pumping a lone penny stock on Twitter told a Manhattan federal jury Monday that a U.S. Securities and Exchange Commission suit alleging he pilfered $2.5 million via dozens of such schemes seeks to punish him for everyday, lawful behavior.

  • September 08, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.

  • September 08, 2025

    Texas Couple Fights Firm's Sanctions Bid In Crash Data Suit

    A Houston couple who accused a law firm and a since-dismissed Progressive unit of conspiring to share car crash victims' private information told a Texas federal court that their suit is "neither frivolous, unreasonable, nor improper" as they pushed back against the law firm's sanctions request. 

  • September 08, 2025

    FCC Ready To Kick Off Review Of Cox-Charter Deal

    The Federal Communications Commission has set into motion its public interest review of the $34.5 billion deal to combine Charter Communications Inc. and Cox Communications into a powerhouse offering broadband, video and mobile services.

  • September 08, 2025

    3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit

    The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.

  • September 08, 2025

    Chief Justice Pauses FTC Commissioner's Reinstatement

    Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.

  • September 05, 2025

    OnlyFans Users May Face Sanctions Over AI 'Misuse'

    OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

  • September 05, 2025

    Conde Nast Can't Shake Calif. Web Tracking Class Action

    A California federal judge Thursday denied Conde Nast's bid to toss a class action claiming that the media giant installs online trackers to facilitate third-party data collection and browser activity tracking, saying the suit plausibly alleges a violation of a 60-year-old statute created to target eavesdropping devices.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • GAO Report Reveals How Banks And Regulators Are Using AI

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    A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

  • Robinson-Patman Enforcement May Fizzle Out After PepsiCo

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    After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

  • Tips To Avoid Consumer Tracking Tech Class Actions

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    Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • ÃÛÌÒÊÓÆµ Industry Impact Uncertain Amid Priority Shift, Staff Cuts

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    A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.

  • Lessons From FTC Action On Dark Patterns In User Interfaces

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    The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • 11th Circ. Ruling Warns Parties To Follow Arbitral Rules

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    The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

  • How The DOJ Is Redesigning Its Approach To Digital Assets

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    Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.

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