Consumer Law

Suit challenges Wisconsin’s minimum markup law

An oil company has filed a lawsuit challenging a Wisconsin law that bars companies from selling products below cost. The Krist Oil Co. and a Wisconsin consumer filed the suit with the aid of a nonprofit group called the Wisconsin Institute for Law and Liberty, report NPR, the Wisconsin State…

Aug 24, 2016 12:39 PM CDT

Judge tosses suit claiming ice in Starbucks beverages shortchanges customers on liquid

A federal judge in Los Angeles has tossed a lawsuit alleging Starbucks is misleading customers about the size of its iced beverages because some of the liquid is displaced by ice. U.S. District Judge Percy Anderson tossed the suit in an Aug. 19 decision (PDF), report the Wall Street Journal…

Aug 24, 2016 8:50 AM CDT

Suit over Widener law school’s job statistics can’t be brought as a class action, 3rd Circuit rules

A federal appeals court has ruled for Widener University School of Law in a would-be class action claiming the school posted misleading job statistics. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled (PDF) on Tuesday that the suit can’t be certified as a class action, report Law.com (sub. req.)…

Aug 17, 2016 9:15 AM CDT

After debate, ABA House calls for publication of privately drafted standards used in legislation

A resolution calling on Congress to make privately drafted parts of the law freely available attracted accusations in the House of Delegates that the ABA was trying to give away other people’s intellectual property. When federal agencies incorporate privately drafted standards into their rules by reference, Resolution 112, passed by…

Aug 9, 2016 3:20 PM CDT

Judge imposes $1.8M in penalties for misleading law firm charges in more than 2,000 foreclosures

A Denver judge is imposing $1.8 million in penalties for two law firms’ false and misleading charges on title insurance in 2,291 foreclosures. Judge Shelley Gilman found that lawyer Robert Hopp, his law firms and title companies violated Colorado debt-collection and consumer protection laws, report the Denver Post, the Denver…

Aug 8, 2016 9:30 AM CDT

What privacy threats do consumers face by using internet-connected devices?

Every panelist at the ABA Annual Meeting’s “Knock Knock. Who’s There? The Internet of Things” had a favorite internet-connected device that made their lives a bit easier. Those favorites included wearable step counters, home security devices and “smart cars” that permit them to lock their car remotely or check their…

Aug 4, 2016 4:10 PM CDT

Judge allows suit against Trump University, sides with Trump on another issue

The federal judge skewered by Donald Trump as “very hostile” and a “hater of Donald Trump” is refusing to dismiss a lawsuit filed by students who were dissatisfied with Trump University’s real-estate investment course. U.S. District Judge Gonzalo Curiel of San Diego allowed the suit in a decision on Tuesday,…

Aug 3, 2016 2:10 PM CDT

Fines against unsafe nursing homes are considered a slap on the wrist

Nursing home regulatory systems are structured around administrative fines—fines that are reduced so routinely that they have become widely considered a cost of doing business rather than an incentive to provide quality care. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors.

Aug 1, 2016 4:25 AM CDT

Lawsuits fail to bring improvements to nursing homes

While state fines do little to bring meaningful change to the nursing home industry, litigation against the homes doesn’t help spark improvements, either.

Aug 1, 2016 4:20 AM CDT

Proposed rules beef up consumer protections in debt collection

The Consumer Financial Protection Bureau on Thursday outlined proposed new rules to rein in third-party debt collectors and debt buyers. The proposed rules require the debt collectors to substantiate the debt before calling consumers; limit their attempted contacts to six times a week; disclose more information about the debt in…

Jul 29, 2016 10:50 AM CDT

Hillary Clinton’s VP pick once litigated fair-housing cases and won a record $100M verdict

Hillary Clinton’s vice presidential pick, Sen. Tim Kaine of Virginia, is a Harvard law graduate who once worked at small law firms litigating civil-rights and fair-housing cases. The Virginia senator’s biggest financial win of his legal career was a $100 million jury verdict against Nationwide Insurance, report Law.com and Mother…

Jul 25, 2016 12:42 PM CDT

Artificial intelligence in the legal profession should be regulated, op-ed argues

Lawyers using artificial intelligence technology have an ethical obligation to spot mistakes and recognize anomalies. But how can the public be protected when using the technology for legal services? The answer is regulation of artificial intelligence in legal services, according to an op-ed by Hinshaw Culbertson partner Wendy Wen Yun…

Jul 14, 2016 7:30 AM CDT

7th Circuit limits attorney fees in lawsuit against faxing lawyer to percentage of actual claims

Class-action lawyers who sued on behalf of accountants who received unsolicited legal newsletters aren’t entitled to fees based on the total $4.2 million in funds that is available to claimants, a federal appeals court has ruled. Instead the lawyers are entitled to fees based on the number of accountants who…

Jul 12, 2016 2:16 PM CDT

Indiana and Vermont regulate consumer litigation funding

Indiana and Vermont are now regulating firms providing litigation funding for clients in civil lawsuits. According to Reuters’ On the Case blog, Indiana and Vermont on July 1 joined six other states that have passed some form of law protecting consumers from predatory litigation funding companies or services. The Indiana…

Jul 7, 2016 4:12 PM CDT

Judge bars Macy’s from detaining and fining alleged shoplifters

Manhattan Judge Manuel Mendez has blocked Macy’s from holding suspected shoplifters and demanding payment for damages in exchange for their release. Mendez granted the preliminary injunction Monday in a class action complaint filed against the retail giant. According to the New York Law Journal and the Guardian, Cinthia Orellana and…

Jul 1, 2016 12:50 PM CDT