Science, Computers & Technology Consumer Protection Civil Procedure

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Consumer Fraud Allegations For A Prescription Medical Device Do Not Pass The Test

When we think of prescription medical devices, we usually think of the sorts of devices that are implanted during surgery and tend to end up in litigation—artificial joints, pacemakers, surgical meshes, and bone cements, to...more

TCPA Connect - September 2016

SPECIAL FOCUS: Responses to Retail Webinar Attendee Questions - During our hugely successful “Avoiding TCPA Pitfalls: Essential Guidance for Retailers” webinar this summer, we received dozens of questions from attendees,...more

Third Circuit says sunk discovery costs not a proper factor in class certification analysis

It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

Complaint Alleges T-Mobile and Subway Violated TCPA

On September 6, 2016, a putative class action lawsuit was filed in the United States District Court for the Western District of Washington by two plaintiffs alleging that T-Mobile USA, Inc. (“T-Mobile”) and Subway Sandwich...more

Second Circuit Blazes New Trail in Set-Top Box Cases: Cable Service and Boxes Are Not Separate Products

Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access “premium” cable services. ...more

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

VPPA Suit Over Sharing Users’ Video-Viewing Data Continues as Gannett’s Motion to Dismiss Is Denied

In a case demonstrating the ongoing difficulties of applying the Spokeo decision to interpret injury-in-fact, a Massachusetts federal court last week denied a motion to dismiss by USA Today parent company, Gannett Satellite...more

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching...

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that...more

Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile...more

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

District Court Narrowly Defines the Relevant Market in Post-Actavis Pay-For-Delay Suit

On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more

European Restrictions on Computer Profiling

On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced...more

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...more

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific...more

FTC Approves Final Order Against ASUS

We previously reported that the Federal Trade Commission (FTC) had entered into a proposed settlement with ASUSTek Computer, Inc. in February of 2016. The allegations against ASUS were that it failed to take reasonable steps...more

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

Food and Beverage News and Trends - August 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - GMO labeling bill enacted into federal law. On July 29, President Barack...more

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more

False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of New Jersey illustrates the circumstances under which a dismissal with...more

Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

On July 12, 2016, the United States District Court for the Eastern District of Missouri granted Scottrade’s motion to dismiss a putative class action complaint that was predicated on the alleged theft of personal information...more

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

CJEU Attorney General Opinion Seeks to Restrict the Interpretation of ‘Establishment’

In June, the Attorney General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued his opinion (English translation pending) in the case of Verein für Konsumenteninformation v Amazon EU Sàrl (Case C-191/15)....more

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

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