Battle Over CFPB’s Future Comes to a Head
CFPB Announces It Will “Reconsider” October 2017 Rule Governing Small-Dollar Loans

Top 10 of 2017: The Best Consumer Law Round-Up Posts of the Year

2017 was another busy year for the Consumer Law Round-Up. Launched by the firm’s Consumer Law Practice, the blog updates readers on key developments within consumer law and provides insights that are relevant to companies and individuals that may be affected by the ever-increasing patchwork of federal and state consumer protection statutes. In 2017, the Consumer Law Round-Up featured posts by approximately 30 different authors on a wide array of topics. 

Below is a list of the Top 10 most popular posts of 2017. 

#1 Johnson & Johnson Deactivates Aveeno Active Naturals Lawsuit with $6.75 Million Settlement

On May 26, the plaintiffs in Goldemberg v. Johnson & Johnson Consumer Cos. Inc. filed a motion for preliminary approval to settle their class claims against Johnson & Johnson related to the defendant’s Aveeno Active Naturals brand of personal care products. The lawsuit alleged that the Aveeno products were falsely advertised...Read more

#2 They’re Heeeere! Get Ready for the Specter of Mandatory Initial Discovery in All Cases, Even Consumer Class Actions and Other Complex Cases

The Mandatory Initial Discovery Pilot Project has started in the District of Arizona (for cases filed after May 1, 2017) and the Eastern Division of the Northern District of Illinois (for cases filed on or after June 1, 2017). See General Order 17-08 (D. Az. Apr. 14, 2017); General Order 17-005 (N.D. Ill. Apr. 27, 2017). The bottom line is that the pilot project will require defendants in these courts to quickly marshal the relevant facts and in short order produce a level of substantive disclosures, documents, and ESI that could pose a considerable challenge in consumer class actions...Read more

#3 The CFPB’s Recent Arbitration Agreements Rule Likely to Face Numerous Challenges Ahead

On July 10, the Consumer Financial Protection Bureau (CFPB) issued a final rule under Section 1028(b) of the Dodd-Frank Act that governs the use of arbitration by providers of a wide swath of consumer financial products and services. Once in effect, the rule will preclude providers of these financial products and services from including class action waivers in their pre-dispute agreements. But the rule’s future in the face of potential legal challenges and in Congress is far from certain...Read more

#4 Standing at a Fork in the Road: Prospective Injunctive Relief in the Ninth Circuit

To have Article III standing to obtain injunctive relief in federal court, a plaintiff must allege a “real or immediate threat” that he will be wronged again in a similar way. City of Los Angeles v. Lyons, 461 U.S. 95, 96 (1983). This simple proposition has resulted in a split within the Ninth Circuit...Read more

#5 Ninth Circuit Revives Suit Alleging Gerber Sold “Misbranded” Baby Food

On Wednesday, April 19, 2017, the Ninth Circuit (with Judge O’Scannlain dissenting in part) issued an unpublished opinion reversing and remanding several of Judge Koh’s orders in Bruton v. Gerber Products Co. Plaintiff Natalia Bruton alleged that the labels of several Gerber baby food products were “misbranded” under the federal Food Drug & Cosmetic Act (FDCA) and the FDA regulations adopted pursuant to that Act, violating several federal and California statutes, including...Read more

#6 Trump Administration’s Regulatory Rollback Should Come with a Warning Label: Cutting Some Regulations May Be Harmful to Your Bottom Line

On January 30, President Trump signed the Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs. Executive Order 13371. The stated aim of the Order is to “manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations” by identifying regulations for elimination. Order Section 1. Much of the early coverage of this Executive Order has focused on environmental regulations and labor rules, pondering...Read more

#7 Count Down and Gear Up for the Strict Requirements of the EU General Data Protection Regulation

As of May 25, 2018, all companies that offer goods or services to residents of the European Union (EU) will be required to comply with the EU General Data Protection Regulation (GDPR). Companies must begin to get their houses in order now, however. The GDPR will impose strict requirements and hefty penalties for non-compliance...Read more

#8 Confidentiality Provision In Arbitration Agreement Held Unconscionable

The US Court of Appeals for the Eleventh Circuit concluded that a confidentiality provision in an arbitration clause in a bank account holder agreement was substantively unconscionable. Larsen v. Citibank FSB, 871 F.3d 1295 (11th Cir. Sep. 26, 2017). The case concerned a putative class of account holders who challenged the bank’s overdraft policy. The arbitration clause in the account holder agreement required both parties to keep confidential any decision of an arbitrator...Read more

#9 Pop Quiz! An Inch, 3% Or 10 Calories: Which One Is Material?

Class plaintiffs often accuse food manufacturers of misrepresenting some aspect of their product offerings. There are countless examples where the discrepancies latched onto by the plaintiffs’ bar between what the manufacturer advertised and what the consumer received are small. But how small is too small to matter?  Lawyers have a name for this question: materiality. A claim for fraudulent misrepresentation can only go forward if the alleged misrepresentation is material...Read more

#10 CFPB’s Arbitration Rule Came in with a Roar, Leaves with a Whisper

On November 1, during a closed meeting, President Trump quietly signed into law House Joint Resolution 111, thereby voiding the Consumer Financial Protection Bureau’s (CFPB) arbitration agreements rule. That rule, which we wrote about in more detail here, was promulgated in July...Read more

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