Worldwide: Consumer Protection

The Pennsylvania Supreme Court recently addressed whether manufacturers can be held liable under consumer protection laws for failing to disclose potential product defects that manifest after purchase. In Halpern v. Ricoh, U.S.A., Inc., the Court examined whether a vendor's silence about a latent defect constitutes "deceptive conduct" under Pennsylvania's catch-all consumer protection provision, establishing important boundaries for when disclosure duties arise in product liability cases.

A federal court has denied a plaintiff's attempt to amend his ultra-processed food lawsuit, reinforcing that epidemiological correlations cannot substitute for specific causation in product liability cases. The ruling highlights the fundamental challenge facing personal injury plaintiffs who seek to attribute chronic diseases to consumption of multiple products from different manufacturers over extended periods.

A federal court has permanently blocked California's Attorney General from enforcing Proposition 65 cancer warnings for diethanolamine (DEA) in cosmetics and personal care products, marking the fourth successful First Amendment challenge to the state's warning requirements in recent years. The stipulated judgment follows similar victories involving glyphosate, acrylamide, and titanium dioxide, establishing a consistent legal framework for challenging Proposition 65 warnings based on disputed scientific evid

Illinois has enacted comprehensive legislation establishing a new regulatory framework for buy-now-pay-later lending products, introducing licensing requirements, consumer protection standards, and rate caps that will fundamentally reshape how BNPL providers operate in the state. The Act, which takes effect January 1, 2028, extends credit card-like dispute protections to BNPL transactions while imposing strict underwriting and disclosure obligations on lenders.

Advocacy groups and private companies have filed a lawsuit challenging the CFPB's elimination of disparate-impact liability under the Equal Credit Opportunity Act. The case raises fundamental questions about whether federal regulators exceeded their statutory authority in removing longstanding fair lending protections. With the amended regulations now in effect and a lengthy briefing schedule extending into 2027, the legal battle could ultimately reach the Supreme Court.

Explore the latest developments in consumer finance regulation, including CFPB leadership transitions, federal banking agency guidance on sensitive information handling, state-level DIDMCA opt-out challenges, and emerging trends in bank-fintech partnerships. This comprehensive analysis examines regulatory shifts, enforcement priorities, and the evolving landscape of financial services compliance.

On Aug. 3, 2026, U.S. Secretary of Education Linda McMahon issued an open letter entitled “A National Call to Action to University Presidents and Governing Boards,” urging colleges and universities across the country to publicly articulate their commitments to academic excellence, institutional accountability and service to the nation.

Phoenix Partners Matthew Martinez and Gregg Clifton examine how a new Department of Homeland Security rule will fundamentally change immigration planning for international student-athletes by replacing the longstanding 'Duration of Status' system with fixed admission periods. The article provides critical guidance for athletes and institutions navigating this significant shift in U.S. immigration policy affecting collegiate athletics.

This is the second in our 2026 Year in Preview series examining important trends in white collar law and investigations in the coming year. Up next: anti-corruption/FCPA enforcement

A major decision issued on 14 July 2026 by the US Court of Appeals for the Seventh Circuit marks a potential shift in the legal landscape governing text message marketing under the Telephone Consumer Protection Act (the TCPA). In Steidinger v. Blackstone Med. Servs., No. 25-2398, the Seventh Circuit held that Section 227(c)(5) of the TCPA does not permit plaintiffs to sue for the receipt of unwanted text messages, because text messages are not “telephone calls” within the meaning of that provision. For businesses operating in Illinois, Indiana, and Wisconsin—the three states within the Seventh Circuit—this decision has immediate and significant implications.

On July 31, 2026, the Board of Governors of the Federal Reserve System (the “Board”) proposed the most significant updates to insider lending restrictions for banks in more than three decades (“Proposed Rule”). If finalized, the amendments to Regulation O would, among other things, modernize long-outdated dollar thresholds, codify significant staff interpretations and statutory provisions, and provide targeted relief for banks which have passive investment funds as “principal shareholders” (10% or more of a class of voting shares).

The Consumer Financial Protection Bureau has submitted a Notice of Proposed Rulemaking to revise its Section 1033 "open banking" regulation, signaling a fundamental reconsideration of the October 2024 final rule. Among the most contentious issues under review is whether financial institutions should be permitted to charge fees for providing consumer-authorized data access to third parties, a prohibition that was central to the previous administration's approach.