News & Analysis as of

Injunctive Relief Consumer Protection Laws

Nelson Mullins Riley & Scarborough LLP

The Double-Edged Sword of Chapter 93A, Section 11 in Massachusetts Business Litigation

Introduction - One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter “unfair” or “deceptive” conduct in “trade or commerce,” Section...more

Cozen O'Connor

50 AGs Raise the Stakes, Urging DOJ to Target Offshore Gambling

Cozen O'Connor on

A bipartisan coalition of 50 AGs has sent a letter to the U.S. DOJ asking it to prioritize enforcement efforts against illegal offshore online gambling platforms. In the letter, the coalition warned that these unregulated...more

Ballard Spahr LLP

Ballard Spahr Submits Amicus Brief on Behalf of Banking Trade Groups in Important SCOTUS Arbitration Case

Ballard Spahr LLP on

On behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA), Ballard Spahr has submitted an amicus brief to the United States Supreme Court in Coinbase, Inc., et al. v. Kramer, et al., No....more

Stradling Yocca Carlson & Rauth

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more

Morgan Lewis

Litigation Risks Under the DC Consumer Protection Procedures Act: Defense Strategies and Mitigation

Morgan Lewis on

In recent years, public interest organizations have increasingly turned to the District of Columbia’s Consumer Protection Procedures Act (CPPA) to bring legal challenges against companies over their public environmental and...more

Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

Troutman Amin LLP on

The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more

McGlinchey Stafford

Court Enjoins Landlord from Reporting Withheld Rent Payments to Credit Reporting Agencies

McGlinchey Stafford on

On March 11, 2025, the New York County Civil Court issued an injunction under the New York Fair Credit Reporting Act (NYFCRA) barring a landlord from reporting to the credit reporting agencies (CRAs) the withheld rent...more

Cozen O'Connor

Change Healthcare Faces Nebraska Lawsuit After Cyberattack

Cozen O'Connor on

Nebraska AG Mike Hilgers filed a lawsuit against Change Healthcare Inc. and its owners and operators (collectively, “Change”)—which provide a data clearinghouse used by healthcare providers, pharmacies, and insurers—alleging...more

Cozen O'Connor

Texas Brings Latest Lawsuit Against PFAS Manufacturers

Cozen O'Connor on

Texas AG Ken Paxton filed a lawsuit against 3M, DuPont de Nemours, Inc., and associated entities for alleged violations of state consumer protection laws related to contamination caused by per- and polyfluoroalkyl substances...more

Cozen O'Connor

Google Sued Over Consumer Location Data Collection

Cozen O'Connor on

The AGs of the District of Columbia, Indiana, Texas, and Washington sued Google LLC over allegations that it misled consumers with Google accounts on their ability to control how Google collects and uses their location data...more

Cozen O'Connor

Opioid Fallout: Ad Agency Sued For Allegedly Helping Purdue Deceptively Market OxyContin

Cozen O'Connor on

Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public nuisance and for violations of Massachusetts’s consumer protection law over Publicis’s alleged role in...more

Faegre Drinker Biddle & Reath LLP

The EU’s Collective Redress Directive — The Potential for Collective Consumer Lawsuits: An Introduction

The European Parliament formally endorsed the text of a new collective actions legislation, “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on Representative Actions for the...more

Husch Blackwell LLP

Status Of Proposed CCPA-Like State Privacy Legislation As Of March 29, 2021

Husch Blackwell LLP on

Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more

Jones Day

Collective Redress in Europe: Comparing the European and German Framework

Jones Day on

The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

Orrick - Trade Secrets Group

One Step Away From Uniform: Taking A Closer Look At Massachusetts’ New Trade Secrets Law

As we reported in August, Massachusetts became the penultimate state to enact the Uniform Trade Secrets Act (UTSA), leaving New York as the sole remaining holdout. Massachusetts’ new law, which took effect October 1, 2018,...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

Holland & Knight LLP on

The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Era of Collective Actions in Europe?

Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group...more

Jones Day

Germany Introduces Class Actions for Consumer Claims

Jones Day on

The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

Jones Day

EU Class Actions in the Making

Jones Day on

The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more

Jones Day

German Government Releases Draft Act on Class Actions in Germany

Jones Day on

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

Carlton Fields

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

Carlton Fields on

A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Seyfarth Shaw LLP

Seventh Circuit Rejects And Lambastes “Worthless” Settlement For Class Of Subway Sandwich Purchasers

Seyfarth Shaw LLP on

Seyfarth Synopsis: In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit overturned a district court’s approval of a class...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

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