Today, the Tenth Circuit issued a divided opinion in Dunn v. Santa Fe Natural Tobacco Company, a consumer class action brought against the manufacturers of Natural American Spirit (NAS) cigarettes. The consumers allege that they were misled into believing that the company’s cigarettes were less harmful than those produced by other companies. On interlocutory review of […]
The announcement is here and Consumer Finance Monitor has a report here. Chris is a longtime consumer law professor at the University of Utah. Most recently, he has been working on the forthcoming sixth edition of our consumer law casebook, scheduled for publication in time for Spring 2027 classes (the link is to the fifth […]
Three consumers who stay at casino-hotels in Atlantic City brought a class action against some of those hotels and their algorithmic software provider, alleging a conspiracy to fix prices in violation of the Sherman Antitrust Act. The district court dismissed the case, but today the Third Circuit reversed and reinstated the complaint. In reaching its […]
Here. The report–by Alan S. Kaplinsky, Richard J. Andreano, Jr., John L. Culhane, Jr. & Adam Maarec—is based in turn on a report by Semafor’s Eleanor Mueller. In their view, this “make[s] practical and legal sense” because it “help[s] avoid a leadership vacuum.” Vought’s acting director term is to expire August 1 and in the likely event that Johnson […]
Yogurt company Chobani sold a product it labeled as “sugar free,” even though the yogurt includes four grams per serving of allulose– a naturally occurring sweetener. Consumers sued Chobani for doing so under state consumer protection laws, but an Illinois district court held those claims were preempted by the Federal Food, Drug, and Cosmetic Act–relying […]
That’s according to American Banker’s Kate Berry in Disclosures show CFPB pick’s ties to several regulated firms. And, of course, Johnson currently works for Cap One.
So reports Corey G. Johnson of Pro Publica in FCC Officials Took Pricey Gifts From Paramount as the Company Needed Approval for Billion-Dollar Deals. That article focuses on the FCC’s regulation of the entertainment industry but the FCC also implements and interprets the Telephone Consumer Protection Act (which is not to say that the deals in question […]
So suggests an article in the Chronicle of Higher Education, The Demise of Disparate-Impact Liability, which carries the subhed The Education Department’s decision to eliminate a civil-rights enforcement tool strikes some as hypocritical. Here’s an excerpt: [C]ritics say the administration is relying on the kind of statistical evidence used in disparate-impact cases to crack down on […]
The Federal Trade Commission published a policy statement on artificial intelligence in the Federal Register on July 7. Public comments are due July 31. Formally, the policy statement addresses application of section 5 of the FTC Act “to companies that market AI systems.” Section 5 prohibits unfair and deceptive practices in the marketplace. Every state […]
Well, the Senate Banking Committee’s hearing on the nominee for CFPB director was ridiculously short. Senators got only five minutes to ask questions of three nominees for different agencies. How strange that people complain about the CFPB’s lack of accountability and then spend far less time publicly vetting the nominee to lead the Bureau than, […]

