United States: Consumer Protection

In a recent piece, we discussed a decision by the first federal appellate court to rule that there is no private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages (“SMS Message”).

State Attorneys General are intensifying enforcement efforts against "junk fees" through new guidance and dedicated task forces, interpreting existing consumer protection laws to combat hidden charges, drip pricing, and deceptive fee practices. Recent actions by New Jersey, Massachusetts, and California AGs signal a coordinated push to address pricing transparency across multiple industries, from auto dealerships to entertainment services.

The U.S. Department of Justice and Consumer Product Safety Commission have filed their first imminent hazard lawsuit in nearly four decades, targeting manufacturers of Lakkzoom immersion water heaters that allegedly catch fire within minutes when used improperly. This aggressive enforcement action signals a renewed willingness to pursue mandatory recalls through federal court, even as questions swirl about the future structure of the CPSC under the Trump administration. The case raises critical questions ab