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Consumer Protection
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June 10, 2025
Apple Faces Class Cert. Bid Over AirTag Stalking Risks
Victims stalked by abusers of Apple's AirTag asked a California federal judge to certify their proposed class action, arguing their negligence and product liability claims can be adjudicated in one fell-swoop since they rest on the same question of whether the tag's design unreasonably put them at risk of harm.
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June 10, 2025
Wells Fargo Can't Collect On $4M Stranger-Funded Life Policy
Wells Fargo Bank NA cannot collect on a $4 million life insurance policy, a Nebraska federal court ruled, finding the policy void from the start since it was taken out on the life of a now-deceased man with the intended purpose of benefiting an investor.
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June 10, 2025
Insurer Exposed Drivers' Personal Information, Court Told
An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.
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June 10, 2025
Target, Campbell's End Chicken-Price Fix Suit With Mar-Jac
Target Corp. and The Campbell's Co. are the latest broiler chicken purchasers to permanently end their price-fixing claims Monday against poultry processor giant Mar-Jac Inc. in a decade-old sprawling antitrust litigation claiming broiler chicken producers acted in concert to limit chicken production to raise prices and exchange sales volume information with each other.
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June 10, 2025
Thune Touts GOP's Spectrum Plan On Senate Floor
Senate Majority Leader John Thune, R-S.D., promoted the Republicans' legislative plan to open more federal spectrum to private companies during a floor speech Tuesday.
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June 10, 2025
Top ÃÛÌÒÊÓÆµ Enforcer Quits Over 'Devastating' Agency Pullback
The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."
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June 10, 2025
Judge Denies Gov't Bid To Toss Law Firm's Payroll Tax Suit
The U.S. government cannot throw out a boutique law firm's suit that seeks a refund of $282,000 in pandemic-era worker retention credits and a pause on payroll tax enforcement, a Connecticut federal judge ruled Tuesday.
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June 10, 2025
BMW Says Water Pump Fire Risk Recall Suit Shows No Injury
BMW North America LLC asked a North Carolina federal judge to throw out a proposed class action brought by a driver in the Charlotte metropolitan area after the company recalled cars with a water pump fault, arguing the man has not suffered any damages and cannot state a claim.
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June 10, 2025
Class Decertified In Hill's Prescription Pet Food Suit
An Illinois federal judge has decertified a class of pet food buyers alleging that Hill's Pet Nutrition Inc. misled them into thinking its "prescription" pet food was necessary medicine, saying a recent summary judgment renders the plaintiffs' damages model inadequate for certification.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 10, 2025
Amazon Can't Fully Escape Waist Trainer Skin Rash Suit
A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.
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June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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June 09, 2025
OCC Rebuffs State Bankers' Call To Rescind Preemption Rules
The Office of the Comptroller of the Currency said Monday that it is standing by its regulations that purport to exempt banks it oversees from a swath of state-law limitations, swatting down a request from state regulators that want these rules overturned.
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June 09, 2025
SEC's Atkins Floats 'Innovation Exemption' For Crypto
U.S. Securities and Exchange Commission Chair Paul Atkins said Monday that he's directed agency staff to mull rulemaking that would protect developers of decentralized finance platforms and enable registered firms to interact with their "DeFi" systems, including through a potential "innovation exemption" framework.
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June 09, 2025
Trading Platform Faces Class Action Over Unsolicited Texts
Algo Exchange, a company offering automated trading algorithms that predict the futures market, was hit with a proposed class action in Georgia federal court on Monday over its alleged violations of the Telephone Consumer Protection Act.
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June 09, 2025
ÃÛÌÒÊÓÆµ Will Move Ahead With Rest Of Calif. Debt Relief Suit
The Consumer Financial Protection Bureau told a California federal court on Monday that its new Trump-appointed leadership has decided to proceed with a debt relief services enforcement lawsuit that was paused after control of the agency changed hands in February.
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June 09, 2025
Nev. Dem Threatens To Block Commerce Picks Over BEAD
A Nevada senator derided the U.S. Department of Commerce's overhaul of the government's $42.5 billion broadband deployment program and threatened to put a Senate hold on some of President Donald Trump's agency nominees until her state's federal funding is restored.
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June 09, 2025
EchoStar Questions FCC Process In SpaceX, VTel Fight
EchoStar said the Federal Communications Commission should not be "pulling the rug out from" under it as it fights to keep the spectrum rights it got from T-Mobile, arguing that it was being unfairly singled out by SpaceX and VTel, who want the commission to review the buildout of Dish's network.
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June 09, 2025
Match Group Settles FTC's Fake-Unsubscribe Suit
The Federal Trade Commission and Match Group Inc. settled an unfair trade practices suit at the eleventh hour on what would have been the first day of trial in Texas federal court Monday, ending claims that Match Group tricked customers into thinking they had unsubscribed when they hadn't.
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June 09, 2025
DOJ's KKR Suit Turning M&A 'Into A Trap,' PE Group Says
A private equity trade group is seeking to back KKR's bid to dismiss a Justice Department lawsuit seeking fines that could top $650 million for allegedly hiding key documentation and entire transactions from merger notification, arguing that enforcers are trying to create a brand new requirement for "perfect" filings.
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June 09, 2025
Chancery Tosses Suit For $7.2B Squarespace Sale Docs
Shareholders of website builder Squarespace Inc. lost a suit Monday seeking more records on events leading up to the company's $7.2 billion take-private deal with private equity giant Permira Advisors LLC, despite an acknowledged "proper purpose" for the inquiry.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
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June 09, 2025
FCC Says Power Cos. Can Call Customers About Usage
The Federal Communications Commission ruled Monday that power companies are free to call or text customers who have supplied their telephone numbers to inform them about so-called "demand management" programs aimed at cutting usage during peak hours.
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June 09, 2025
Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit
Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.
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June 09, 2025
FCC Affirms $2.4M Fine For Miami DJ's 'Pirate Radio'
The Federal Communications Commission affirmed a nearly $2.4 million fine against a Miami-area DJ for operating an alleged illegal "pirate radio" in 2023, finding that he disregarded previous calls to stop unauthorized radio operations in the past.
Expert Analysis
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.