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Consumer Protection
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Telecom Groups Ask Trump To Push BEAD Program Ahead
A bevy of broadband industry groups are seeking help from the White House in nudging the U.S. Department of Commerce to hasten the distribution of federal funding for internet deployment projects in underserved areas of the country.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
Berkshire Hathaway RV Maker Wants End To Defect Suit
A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.
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May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action
U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
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May 28, 2025
Insurer Fights Coverage Of Patent Suit Against Dental Co.
An insurer told a Michigan federal court it is not obligated to defend or indemnify a dental products company in an underlying patent infringement case, arguing that the claims fall outside the scope of the commercial liability coverage.
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May 28, 2025
2nd Circ. Backs Credit One Win In FCRA Investigation Suit
The Second Circuit on Wednesday declined to revive a New York woman's lawsuit against Credit One Bank for allegedly failing to investigate identity theft claims against her mother, with a panel agreeing with the lower court that no reasonable investigation required under federal law conducted by the bank would have yielded different results.
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May 28, 2025
Hill Dems Blast 'Indefensible' Delay In Multilingual Alert Regs
More than two dozen congressional Democrats called on the Federal Communications Commission to complete the rollout of a bipartisan rule meant to provide wireless emergency alerts in multiple languages, claiming untenable delays in the process.
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May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta
The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.Â
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Crypto Industry Urges CFTC Action On Perpetual Contracts
Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.
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May 27, 2025
ÃÛÌÒÊÓÆµ Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
Judge Taps Attys To Lead Ex-UMich Coach Hacking Suits
Eight lawsuits accusing the University of Michigan of failing to safeguard the private images and data of thousands of student-athletes from a former assistant football coach have been consolidated by a federal judge, who also appointed interim lead counsel.
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May 27, 2025
Texas Legislature Sends THC Ban To Governor's Desk
Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.
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May 27, 2025
Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction
Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
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May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup
Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.
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May 27, 2025
Unilever Buyers Clash Over Service Awards In $3.6M Deal
Class representatives in a suit alleging Unilever United States Inc. of selling dry shampoo with elevated levels of benzene are pushing back against an objection by other plaintiffs over service awards, saying the other plaintiffs didn't do anything to materially advance the litigation and thus are not entitled to the awards.
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May 27, 2025
Wireless Mics Need Fewer Reg Restrictions, FCC Told
A group that advocates for making more spectrum available for wireless microphones has its own ideas about what regulations the Federal Communications Commission should be cutting, starting with two areas it says are hindering the wireless mic industry.
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May 27, 2025
Nikola Creditors Ask To Examine Founder Over $100M Award
The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.
Expert Analysis
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding ÃÛÌÒÊÓÆµ's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers
A Virginia bill purportedly aimed at eradicating predatory online bank lending actually does nothing to achieve that goal, and instead would limit credit opportunities for state residents, says Catherine Brennan at Hudson Cook.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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ÃÛÌÒÊÓÆµ Small Biz Study Brings Fair Lending Considerations
The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.
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Expect To Feel Aftershocks Of Chopra's ÃÛÌÒÊÓÆµ Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.