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Consumer Protection

  • July 31, 2025

    9th Circ. Upholds Google's Play Store Antitrust Trial Loss

    A Ninth Circuit panel Thursday affirmed Epic Games' 2023 antitrust jury trial win, along with an injunction requiring Google to open its Google Play Store to rivals, backing a landmark finding that Google monopolized the Android app-distribution market.

  • July 31, 2025

    Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing

    The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.

  • July 31, 2025

    Meta Faces EU Probe Into WhatsApp AI Tying Allegations

    Italian antitrust enforcers are opening an investigation into Meta, saying that the company may have run afoul of anti-bundling laws by tying its dominant WhatsApp messaging service with its new Meta AI assistant.

  • July 31, 2025

    Mercedes-Benz Can't Escape All Of Wood Veneer Crack Suit

    A Georgia federal judge won't dismiss the bulk of a proposed class action alleging that Mercedes-Benz Group AG sold vehicles with defective wooden trim veneer that cracked after extended use, leaving 11 of the 18 counts in the amended complaint alive.

  • July 31, 2025

    Fintech, BofA, JPMorgan Face Class Suit Over Cyberattack

    Financial software company Finastra Technology Inc., Bank of America and JPMorgan Chase Bank NA face a proposed class action alleging they failed to properly safeguard customers' personal information that was exposed by a data breach.

  • July 30, 2025

    Sens. Step Up Push For Data Privacy Law Amid AI's Rise

    The leaders of a Senate data privacy subcommittee Wednesday put the spotlight back on longstanding efforts to craft a nationwide framework for how companies use and disclose consumers' personal information, arguing that a growing state law patchwork and the rise of artificial intelligence accelerated the need for such protections.

  • July 30, 2025

    Flo Likely To Get Health Privacy Claim Tossed In Meta Case

    The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.

  • July 30, 2025

    White House Crypto Report Sets Blueprint For Coming Rules

    A long-awaited report from the President's Working Group on Digital Asset Markets that was released Wednesday encouraged securities and derivatives regulators to use their existing authorities to clear the way for crypto issuance and trading in the absence of lasting legislation, while also urging banking regulators to sharpen standards for crypto engagement.

  • July 30, 2025

    E-Commerce Firms To Pay $15M To End FTC's AI Scam Claims

    A New Jersey-based network of e-commerce coaching firms will pay more than $15 million to end a Federal Trade Commission suit accusing it of duping consumers out of nearly $16 million through false promises of AI-driven success on e-commerce platforms, according to a federal court order filed Wednesday.

  • July 30, 2025

    Iowa Slams Schwab's 'Amorphous' Antitrust Compliance Deal

    The state of Iowa is among a slew of objectors to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program to resolve an investor class action stemming from its merger with TD Ameritrade, arguing the deal is unfair and completely fails to remedy the investors' harm.

  • July 30, 2025

    Connecticut Says 2 Men Sold $2.5M In Fake Cannabis Licenses

    Two Connecticut businessmen ran a counterfeit cannabis licensing operation, selling fake credentials to as many as 70 retailers in the state for as much as $30,000 a certificate, according to a lawsuit filed by state officials who seek a $2.5 million judgment against the accused.

  • July 30, 2025

    State Farm Ordered To Pay $54.6M Over Vehicle Valuations

    State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.

  • July 30, 2025

    Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK

    A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company. 

  • July 30, 2025

    TMX Customers Seek Final OK Of $42M Data Breach Suit Deal

    Customers of the title loan and payday lender TMX Finance have asked a Georgia federal judge to grant final approval of their $42 million settlement of claims arising from a data breach that affected an estimated 4.8 million people.

  • July 30, 2025

    Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk

    Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.

  • July 30, 2025

    CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy

    CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.

  • July 30, 2025

    Celsius Cans Accidentally Filled With Vodka Drink, Recall Says

    Alcoholic beverage company High Noon said Tuesday it accidentally got shipped some Celsius energy drink cans, filled them with vodka seltzer and shipped them to retailers in several states, in a recall notice that was also published by the U.S. Food and Drug Administration.

  • July 30, 2025

    Microsoft Browser Rival Asks Brazil To Investigate Tech Titan

    Microsoft has been flexing its power as owner of the world's most dominant computer operating system to make people use its own web browser over those belonging to competitors, one such rival told Brazilian competition authorities.

  • July 30, 2025

    AMC's Status As Movie Theater Sinks Video Data Privacy Suit

    A Kansas federal judge has tossed a proposed class action accusing AMC Entertainment Holdings Inc. of unlawfully sharing website visitors' data with Facebook, agreeing with the Ninth Circuit and several district courts that have found that movie theaters aren't covered by the Video Privacy Protection Act. 

  • July 30, 2025

    Cinemark Calls Suit Alleging Exaggerated Beer Size Meritless

    Cinemark USA Inc. asked a Texas federal court to toss a proposed class action alleging that the movie theater company ripped off thirsty moviegoers by advertising 24-ounce beer cups that in reality only contained 22 ounces, saying the plaintiff failed to allege damages over $5 million.

  • July 30, 2025

    'Scattershot' Privacy Suit Over Gap Email Tracking Gets Nixed

    A California federal judge has tossed a proposed class action alleging that Gap Inc. invaded consumers' privacy by using third-party tracking technology in its marketing emails, criticizing the plaintiff's "continuously shapeshifting" theories of liability and saying he "expects more from counsel than the scattershot and vague assertions presented here."

  • July 30, 2025

    FDA's Vaccine Chief Is Out After Loyalty To Trump Questioned

    Dr. Vinay Prasad's tenure as the top vaccine regulator at the U.S. Food and Drug Administration ended abruptly this week following intense criticism from conservative activists who questioned his loyalty to President Donald Trump.

  • July 30, 2025

    Mich. PBM Opioid Suit Belongs In State Court, Judge Told

    Counsel for the State of Michigan argued Wednesday that a lawsuit accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject to federal officer removal and should be sent back to state court.

  • July 30, 2025

    11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'

    A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act. 

  • July 30, 2025

    GTCR Denied Rival's Old Sales Prospects Data In FTC Case

    An Illinois federal judge refused Tuesday to force a rival medical device coatings company to cough up old sales projections data so private equity firm GTCR BC Holdings can defend against a Federal Trade Commission challenge to its $627 million purchase of Surmodics.

Expert Analysis

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Influencer Marketing Partnerships Face Rising Litigation Risk

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    In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule

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    Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.

  • Opinion

    DOJ's HPE-Juniper Settlement Will Help US Compete

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    The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Wells Fargo Suit Shows Consumer Protection Limits In Mass.

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    The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q2

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    Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • Breaking Down Novel Va. Social Media Law For Minors

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    While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • DOJ Crypto Enforcement Is Shifting To Target Willfulness

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    Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.

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