Cases of Note

The Maryland Legislature this weekend passed two sweeping privacy bills that aim to restrict how powerful tech platforms can harvest and use the personal data of consumers and young people — despite strong objections from industry trade groups representing giants like Amazon, Google and Meta. The  Maryland Online Data Privacy Act , would impose wide-ranging restrictions on how companies may collect and use the personal data of consumers in the state. The other, the  Maryland Kids Code , would prohibit certain social media, video game and other online platforms from tracking people under 18 and from using manipulative techniques — like auto-playing videos or bombarding children with notifications — to keep young people glued online. “We are making a statement to the tech industry, and to Marylanders, that we need to rein in some of this data gathering,” said Delegate  Sara Love,  a Democratic member of the Maryland House of Delegates. Ms. Love, who sponsored the consumer bill and cospon

Hyundai Motors and Kia Motors America will compensate owners' theft-related vehicle losses. Case Summary Kia and Hyundai thefts skyrocketed because a viral TikTok video in the summer of 2022 showed people how to steal the cars with just a USB cable and screwdriver. And while the manufacturers made a software update available to owners, there was not a mandatory recall of any make and model related to this issue. Also, the update was only effective when the vehicle alarm is armed. The law firm Hagens Berman brought a national class-action lawsuit on behalf of the owners of affected vehicles in August 2022, and reached a proposed settlement in May of 2023 that covered roughly 8 million vehicles and is valued at more than $200 million.  Since May 2023, the companies worked with law enforcement agencies to provide more than 26,000 steering wheel locks to 77 law enforcement agencies in 12 states. The class action was enjoined by Governmental Entities and Insurers and sought relief for t

Case Summary October 24, 2023 --The Federal Trade Commission or  FTC and the Wisconsin Department of Justice (DOJ) entered into a $1.1 million settlement with a group of Wisconsin auto dealers for allegedly charging customers illegal junk fees and unlawfully discriminating against American Indian customers. The complaint was pursued under the FTC Act, the Equal Credit Opportunity Act (ECOA), the Wisconsin Deceptive Trade Practices Act , and the Wisconsin Consumer Act alleging that the defendants deceived customers into paying junk fees by charging for additional "add-on" services and products without customers' consent. The complaint further alleges that the defendants misled customers into thinking the add-on services were mandatory. The defendants also engaged in unlawful discrimination by charging American Indian customers higher fees and financing costs. American Indian customers were charged junk fees at a higher rate than non-Latino White customers. On average Am

California Governor Gavin Newsom signs bills into laws. California Assembly Bill 48 or Nursing Facility Resident Informed Consent Protection Act of 2023 was recently signed into law by Governor Gavin Newsom. Among the changes made by this law is the resident shall have the right to be free from 'psychotherapeutic' drugs used for the purpose of resident discipline or convenience. It also provides for informed consent for a class of drugs called psychotropics and soft restraints. What does this mean for the 97,749 California nursing home residents it is meant to protect? What are psychotherapeutic medications? Psychotherapeutic means relating to psychotherapy. Psychotherapy is an approach for treating mental health issues by talking with a mental health provider. Psychotropic drug, is what must have been meant in the overall language of the law. A psychotropic drug is a chemical substance that changes the function of the nervous system and results in alterations of perception, m