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Consumer Protection
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July 15, 2025
Tesla Engineer Says Company Kept Scant Safety Data
Tesla did not document safety statistics of its autopilot system in the early years of its implementation, according to testimony from a Tesla engineer that jurors in Miami heard Tuesday in a trial over a fatal Florida Keys crash.
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July 15, 2025
FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling
The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.
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July 15, 2025
Ex-Yankee Wants $69K Tacked Onto Moldy Mansion Trial Win
A retired New York Yankees player is seeking nearly $70,000 in prejudgment interest after a Connecticut federal jury handed him a $222,000 win in his suit that sought to hold his former landlord liable for mold in a Greenwich mansion.
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
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July 15, 2025
Take New Spectrum Auction Powers Out For Spin, Feds Told
Telecom regulators need to act quickly to open a critical portion of midband airwaves to wireless companies while ensuring safeguards to block any interference with aircraft safety equipment using a nearby band, a mobile services group said this week.
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July 15, 2025
Roku Attacks Mich. AG's Standing In Child Data Privacy Suit
Michigan's attorney general lacks the authority to assert privacy claims on behalf of millions of Great Lakes State residents, Roku Inc. said Monday in a bid to narrow a lawsuit accusing the streaming platform of illegally collecting and sharing children's data.
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July 15, 2025
11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'
The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Car Buyer Wants Class Cert. Over VIN Etching Price
A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.
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July 15, 2025
Class Action Targets Archery Cos. For Alleged Price-Fixing
A Tennessee man alleged a vast scheme to fix prices on archery goods in a proposed class action in federal court Monday, naming the sport's top trade association, manufacturers and retailers as key figures in the decade-long conspiracy.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
Small Carriers Caught Off Guard By Demand-Free T-Mobile OK
Rural wireless carriers appeared stunned by the feds' recent decision to let T-Mobile absorb most of UScellular without setting new requirements meant to protect their service areas, but they aren't the only ones dismayed by the turn of events.
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July 14, 2025
FCC Greenlights Bell Canada's $3.65B Ziply Fiber Deal
The Federal Communications Commission on Monday granted its approval to Canadian communications company BCE Inc.'s planned acquisition of U.S. internet provider Ziply Fiber for about CA$5 billion ($3.65 billion).
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July 14, 2025
Regulators Outline Crypto 'Safekeeping' Guidelines For Banks
Federal regulators said Monday that banks are free to offer cryptocurrency "safekeeping" services but should be mindful of the risks involved, stressing the need for strong cybersecurity and clear customer agreements, among other considerations.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.Â
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
Capital One Again Moves To Toss Trump Debanking Suit
An amended complaint brought by President Donald Trump's revocable trust and Eric Trump merely made "superficial changes" to their unfounded claims that Capital One illegally canceled hundreds of Trump-affiliated accounts in the wake of the Jan. 6, 2021, attacks on the U.S. Capitol, the bank told a Florida federal court on Friday in a renewed bid to have the suit dismissed.
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July 14, 2025
Pawn Operator FirstCash Settles ÃÛÌÒÊÓÆµ Military Claims For $9M
Pawn shop giant FirstCash Inc. has agreed to a $4 million fine and consumer redress payments of at least $5 million to resolve U.S. Consumer Financial Protection Bureau claims it violated the federal Military Lending Act with high interest pawn loans to active-duty servicemembers and their dependents despite an earlier consent order over the same misconduct.
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July 14, 2025
ÃÛÌÒÊÓÆµ Deal To Put Medical Debt Back On Reports OK'd
A Texas federal court has reversed a Biden-era rule that kept an estimated $49 billion in medical debt from credit reports after the Consumer Financial Protection Bureau and lender trade groups struck a deal to axe the rule.
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July 14, 2025
ÃÛÌÒÊÓÆµ Defends Timeliness Of Experian Credit Reporting Suit
The Consumer Financial Protection Bureau has urged a California federal judge to reject Experian's bid to toss key claims in the agency's suit accusing it of mishandling consumer credit reporting disputes, arguing that the company can't dodge liability by disavowing a tolling agreement.
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July 14, 2025
Texas AG Says Several Officials Indicted For Ballot Collection
The Texas Office of the Attorney General released a statement Monday announcing indictments and arrests for nine people for an allegedly ongoing ballot collection scheme in Frio County, adding to a growing list of state officials facing charges for participation in the alleged scheme.
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July 14, 2025
Nev. Says Crypto.com Twisted Fed Law For Sports Betting Biz
The Nevada Gaming Control Board urged a federal court to stay out of its way as it takes action to block Crypto.com from offering sports events contracts, arguing that its moves aren't preempted by federal regulation of the commodity futures market.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
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July 14, 2025
Cigna Denies Responsibility For Alleged Health Data Breach
Cigna has asked a Pennsylvania federal judge to throw out class claims by health plan members alleging it failed to protect their private data, arguing they didn't show how their sensitive information was intercepted from the insurer's websites.
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July 14, 2025
Noem Seeks Win In Suit Over SD Ban On Intoxicating Hemp
South Dakota's former governor, Homeland Security Secretary Kristi Noem, and current attorney general urged a federal judge on Monday to deliver a quick win to officials in a dispute over a law banning the processing of hemp derivatives into intoxicating products
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What Greenwashing Looks Like, And How To Navigate Claims
Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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Staying The Course On Consumer Financial Law Compliance
Although there may be some regulatory uncertainty, with many rule changes on hold, and enforcement actions and investigations terminated, 11 fundamental laws and rules governing consumer financial services are unlikely to change, say attorneys at K&L Gates.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Ban On Reputation Risk May Help Bank Enforcement Defense
The Comptroller of the Currency and Federal Deposit Insurance Corp.’s recent commitment to stop examining banks for reputation risk could help defendants in enforcement actions challenge unfavorable assessments and support defendants' arguments for lower civil money penalties, says Brendan Clegg at Luse Gorman.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.