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Consumer Protection
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Tornado Cash Case Far From Over With Jury's Mixed Verdict
The split verdict in the Tornado Cash trial likely won't encourage prosecutors to go after crypto projects for failing to register as money transmitters, but it may still leave software developers open to liability if they seem aware of others' misuse of their creations.
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August 08, 2025
Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit
Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.
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August 08, 2025
Urgent Care Operator Must Face Meta Pixel Privacy Claims
A Midwest Express clinic patient can proceed with her lawsuit targeting the urgent care clinic's use of tracking tools including Meta's Pixel to share personal health information with the social media company because she's outlined plausible federal and state privacy violations, an Illinois federal judge has ruled.
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August 08, 2025
BofA Must Face Trust Property Suit, Ga. Judge Says
A Georgia federal judge refused to let Bank of America escape a proposed class action accusing it of overcharging residential trusts for insurance, ruling in part that the named plaintiff can seek damages for his breach of trust claim against the bank.
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August 08, 2025
Consumer Says Gambling Site Can't Force Suit Into Arbitration
A consumer accusing the operator of a casino-oriented gambling website of allegedly creating a dangerous environment that fuels gambling addiction is fighting arbitration, telling an Illinois federal court the agreement does not exist and if it did, it would be unenforceable.
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August 08, 2025
Trade Group Sues Colorado Over Gas Stove Labeling Law
A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.
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August 08, 2025
Advocates Won't Ask Justices To Revive Net Neutrality Rules
Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."
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August 08, 2025
GOP Sens. Call For Overhaul Of Bank Supervisory Warnings
Republican senators are pressing federal regulators for an overhaul of how they flag and track supervisory concerns at banks, warning that the current system of confidential notices lacks legal grounding and is "increasingly opaque, ineffective and inconsistent."
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August 08, 2025
9th Circ. Sides With Amazon In Whole Foods Prime Perk Case
A Ninth Circuit panel on Friday refused to revive a California consumer's lawsuit over Amazon's decision to discontinue its free Whole Foods delivery perk for Prime members, pointing to subscriber terms reserving the e-commerce company's right to eliminate benefits.
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August 08, 2025
Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension
The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.
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August 08, 2025
NY Court Tosses Challenge To Crackdown On Illicit Pot Shops
A New York state judge has dismissed a constitutional challenge to a crackdown on unregulated marijuana sellers, finding that city and state officials acted within their authority when they targeted the self-described cannabis club that brought the petition.
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August 08, 2025
Doxo Can't Send Customer Class Action To Arbitration
A Washington federal judge declined to toss a suit against online bill-pay service Doxo Inc., saying the company waited too long — nearly a year — to try to enforce a newly added arbitration clause, and thus waived its right to compel arbitration in the suit alleging it deceived customers by not disclosing fees upfront.
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August 08, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.
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August 08, 2025
Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement
An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.
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August 08, 2025
Conn. Legislation Highlights In The 1st Half Of 2025
The highest-profile bill of Connecticut's 2025 legislative session was the state's two-year, $55.8 billion budget, which increased salaries for judges, boosted access to early childhood education programs and made changes to corporate taxes that are expected to raise around $350 million. But lawmakers also tackled issues in family, criminal and employment law, with mixed success.
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August 08, 2025
Akin Hires 2 More Crowell & Moring Cyber Pros In DC
Following Akin Gump Strauss Hauer & Feld LLP's hire last month of Crowell & Moring LLP attorney Evan D. Wolff as co-head of its cybersecurity, privacy and data protection practice, two more Crowell & Moring lawyers will be joining the team.
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August 08, 2025
NC AG Has Power To Pursue PFAS Pollution Suit, Judge Rules
Two DuPont spinoffs can't shirk a forever chemical contamination suit brought by the North Carolina Attorney General's Office, a state court judge has ruled, finding Attorney General Jeff Jackson does have the authority to pursue the case even after lawmakers curbed his powers.
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August 08, 2025
Ford Can Arbitrate Some Claims In Hybrid Engine Fire Suit
A Michigan federal judge has sent to arbitration six plaintiffs in a proposed class action alleging Ford Motor Co. sold hybrid vehicles with engine defects that could lead to fires, finding the automaker did not waive its right to arbitration by participating in earlier stages of the litigation.
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August 08, 2025
Texas Modernizes Barratry Ban To Include Online Outreach
Texas, a state with a long history of outlawing prohibited legal services solicitation — known as barratry — has passed a bill updating its penal code to expand the definition of illegal barratry to cover new media, amid a reported rise in digital solicitation, with the amended law set to take effect on Sept. 1.
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August 07, 2025
sa¹ú¼Ê´«Ã½ Mulls Cuts To Oversight Reach In 4 Nonbank Markets
The Consumer Financial Protection Bureau is considering formally scaling back the reach of its nonbank oversight, floating a series of early stage proposals that contemplate sharply reducing the number of firms it would supervise in four key financial services markets.
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August 07, 2025
Meta Can't Ax 'Pen Register' Claim In Tax Data Tracking Row
A California federal judge overseeing a consolidated class action accusing Meta of unlawfully collecting sensitive information from several tax filing websites has refused to cut a claim that the social media giant's tracking pixel qualifies as a "pen register" device prohibited by the state's wiretap law. Â
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August 07, 2025
Experian Gets sa¹ú¼Ê´«Ã½ Credit Reporting Suit Tossed, For Now
A California federal judge dismissed a Consumer Financial Protection Bureau lawsuit accusing Experian of mishandling consumer credit reporting disputes, saying the agency hasn't sufficiently shown that a tolling agreement with Experian's parent company stopped the clock on the claims, but gave the agency a chance to rework its complaint.
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August 07, 2025
Crypto Buyers Win Class Cert. Against Kardashian, Celebs
EthereumMax buyers accusing celebrities of promoting the cryptocurrency allegedly used in a pump-and-dump scheme can certify subclasses in four states, but not their nationwide class, a federal judge ruled, agreeing with famed boxer Floyd Mayweather Jr. that there's a risk of California and Florida securities laws being inappropriately applied outside those states.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
Expert Analysis
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Series
Georgia Banking Brief: All The Notable Legal Updates In Q2
The second quarter brought a number of significant legislative and regulatory changes for Georgia banking, including an extension of the intangibles tax exemption for short-term notes, modernization of routine regulatory practices, and new guardrails against mortgage trigger leads, says Walter Jones at Balch & Bingham.
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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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 sa¹ú¼Ê´«Ã½
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.