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Consumer Protection
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
NCAA Investigating 13 More Alleged Sports Betting Violations
The NCAA announced Thursday that it is investigating an additional 13 former men's basketball players from several universities for alleged sports betting violations.
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September 11, 2025
$8.7 Million Data Breach Deal Gets Preliminary Approval
A human resources and employee benefits management company moved one step closer to resolving a consolidated, proposed class action over a data breach that affected roughly 580,000 individuals as a California federal court gave preliminary approval to an $8.7 million settlement.
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September 11, 2025
FCC Focuses On 'Friendly' Space Regulatory Environment
Federal Communications Commission leaders said this week one of their top goals is to make the U.S. the world's most hospitable regulatory turf for commercial space activity as "Space Race 2.0" accelerates with China.
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September 11, 2025
Audible Credit Suit Raises Question On Wash. Gift Card Law
A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value. Â
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September 11, 2025
FCC Warns Cable, Prime Customers Of Scam Offering 50% Off
Comcast and Amazon won't offer customers discounts on their subscription if they pay in gift cards, the Federal Communications Commission is warning after noticing the proliferation of a new scam claiming that a "50% discount on your monthly bill is set to expire."
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September 11, 2025
Mich. Judge Greenlights Fiat Chrysler Engine Fire Settlement
A Michigan federal judge on Thursday granted preliminary approval to a settlement between drivers and FCA US LLC to resolve claims that the automaker sold trucks with an engine defect that could cause fires.
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September 11, 2025
Disney Flouts Privacy Law By Exploiting User Data, Suit Says
The Walt Disney Co. is flouting privacy laws by illegally gathering and sharing with Google personal information of individuals who visit its website for data monetization and advertising purposes, without their knowledge or consent, according to a proposed class action filed in California federal court.
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September 11, 2025
Google, Apple Fight Proposed UK App Ranking, Pay Mandates
Apple and Google both pushed back on proposals by United Kingdom antitrust authorities to stop the companies from boosting their own apps and using commission-based payment systems but took slightly different approaches, according to separate responses made public Thursday.
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September 11, 2025
Execs Seek Exit From Predatory Loan Suit Naming Tribal Biz
Company executives accused of operating a predatory lending scheme involving the Crow Creek Sioux Tribe have asked a California federal judge to strike class allegations against them and send the suit to arbitration, saying the lead plaintiff waived his right to bring class actions in his loan agreement.
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September 11, 2025
Roblox, Discord Again Accused Of Ignoring Teen Exploitation
The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.
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September 11, 2025
23 States Back High Court Stay Of FTC Dem's Reinstatement
Florida and 22 other states have urged the U.S. Supreme Court to grant the Trump administration's request to block a Democratic member of the Federal Trade Commission from serving on the commission while she challenges her firing.
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September 11, 2025
Vet's Wells Fargo Credit Ding Didn't Break Law, Jury Finds
Wells Fargo didn't violate the federal Fair Credit Reporting Act by failing to recognize fraud affecting the account of a customer who described himself as a veteran of the U.S. military's special forces, a federal jury in Washington state has concluded.
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September 10, 2025
Uber Balanced Safety With Need For Growth, Jurors Told
Uber's former head of global safety testified Wednesday in a bellwether trial over sexual assault allegations against the ride-hailing giant, telling jurors that during his tenure, Uber worked to balance safety priorities with its corporate growth.
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September 10, 2025
FTC Urged To Probe Microsoft Over Ascension Data Breach
U.S. Sen. Ron Wyden, D-Ore., is calling on the Federal Trade Commission to open an investigation into Microsoft's "gross cybersecurity negligence" that has allegedly contributed to cyberattacks against critical infrastructure providers, including a 2024 ransomware hack that targeted hospital system Ascension.
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September 10, 2025
Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals
The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.
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September 10, 2025
2nd Circ. OKs Verizon's $47M FCC Fine, Splitting With 5th Circ.
The Second Circuit upheld Wednesday the Federal Communications Commission's $46.9 million fine against Verizon Communications Inc. for misuse of device-location data, rejecting Verizon's arguments that the data falls outside federal privacy protections and that such a penalty without a jury trial was unconstitutional, creating a split with the Fifth Circuit.
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September 10, 2025
NC Justice Probes 'Scalia-Style' View Of Waste Fee Law
A North Carolina Supreme Court justice probed the expansiveness of counsel's argument over a county's solid waste ordinance Wednesday, wondering if channeling a "Justice Scalia"-style reading of the text suggests that a property owner could hire a private waste collector just once a year to sidestep an annual fee.
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September 10, 2025
FCC's Carr Says Agency Clawbacks Save More Than $9M
The Federal Communications Commission will be clawing back more than $9 million in overpayments that it says it mistakenly made to telecoms and discovered as part of an audit of the "antiquated high-cost program."
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September 10, 2025
SEC Says Adviser Startup Broke Investor Data Privacy Rule
An investment adviser representative and his firm were hit with a suit from the U.S. Securities and Exchange Commission on Wednesday over claims that the adviser, among other things, emailed himself confidential client information from his former employer as a step in creating his own investment firm.
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September 10, 2025
FCC Sticks With Nearly $1M Pirate Radio Fine
A New York City area man was slapped with a nearly $1 million Federal Communications Commission fine Wednesday for operating an illegal radio station, after the agency says he ignored the notice warning that they intended to fine him for nearly a year.
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September 10, 2025
Texas Gov. Issues Executive Order On Hemp Products For Kids
Texas Republican Gov. Greg Abbott on Wednesday issued an executive order requiring state agencies to implement rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 10, 2025
Md. Appeals Court Says Psychoactive Hemp Wares Illegal
A Maryland appeals court on Tuesday ruled that products containing psychoactive compounds derived from hemp are illegal, delivering a blow to a coalition of hemp interests that brought a constitutional challenge to the state's recreational marijuana legalization law.
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September 10, 2025
NCAA Bans Hoopsters For Betting, Rigging Performances
The NCAA has permanently banned three California college basketball players for their "coordinated effort" to bet on their own games, each other's games and their own performances, with at least one athlete manipulating his on-court performance to secure gambling wins.
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September 10, 2025
Consumers Defend Challenge To Nippon-US Steel Merger
Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.