As 2024 draws to a close, several significant litigation trends have emerged, reshaping the legal landscape and offering a glimpse into what we can expect in 2025. These trends reflect not only shifts in market dynamics but also the influence of new statutes, court decisions, and evolving technological landscapes. Law.com Radar’s Trend Detection system has identified five of the most notable developments, which are likely to influence both businesses and legal professionals in the coming years.
1. The Drip Pricing Backlash Intensifies
“Drip pricing,” a practice where hidden fees are added during checkout, has come under scrutiny, leading to a surge in class action lawsuits across multiple states. In 2024, jurisdictions like New York and California introduced stringent legislation to combat this deceptive pricing practice. California’s Honest Pricing Law, for example, targets deceptive ticketing practices in entertainment and hospitality sectors, prompting lawsuits against major companies. New York’s Arts and Cultural Affairs Law has similarly resulted in multiple legal challenges from consumers, ranging from ski resorts to museums.
This wave of legal action is expected to intensify in 2025, as other states consider similar measures, and federal lawmakers begin to look more closely at national legislation. Businesses, particularly those in the hospitality, retail, and event sectors, should prepare for the continued growth of drip pricing-related litigation.
2. Privacy Litigation Under California’s Trap and Trace Law
Privacy concerns took center stage in 2024, with a significant increase in lawsuits filed under California’s Trap and Trace Law. Originally designed to regulate surveillance of landline calls, the law has now been expanded to include software tracking mechanisms installed on websites and mobile apps. These lawsuits focus on how companies collect geolocation, device, and user data for marketing purposes without explicit consent.
Court rulings in landmark cases, including Greenley v. Kochava and Moody v. C2 Educational Systems, have clarified that this law applies to modern digital tracking technologies. As privacy concerns intensify, businesses should brace for more litigation, especially in states with similar laws such as Florida, Texas, and Virginia.
3. The Rise of Collusion Claims and Pricing Algorithm Cases
In 2024, an uptick in collusion claims has shaken industries ranging from sugar production to healthcare. Lawsuits accusing businesses of using trade publications and pricing algorithms to illegally coordinate prices and reduce competition have proliferated. In particular, landlords using RealPage’s pricing software and meat processing companies facing accusations of price-fixing have attracted significant legal attention.
This trend is expected to expand into new industries and become a focal point in 2025, especially with the growing influence of artificial intelligence (AI) in market data aggregation and pricing strategies. Legal experts are closely monitoring developments in this area, particularly regarding how the law will adapt to AI-driven market dynamics.
4. SCOTUS Decisions Reshape Regulatory Landscape
Two key U.S. Supreme Court decisions in 2024 have had profound effects on the regulatory environment. In SEC v. Jarkesy, the Court ruled that the right to a jury trial under the Seventh Amendment prevents agencies like the SEC from imposing monetary penalties through in-house administrative proceedings. This has led to a surge in cases challenging similar administrative procedures by federal and state agencies, including the NLRB and FTC.
Additionally, in Loper Bright Enterprises v. Raimondo, the Court’s decision to overrule the Chevron doctrine, which had given agencies significant deference in interpreting ambiguous laws, has opened the door for businesses to challenge regulatory decisions more effectively. Expect this trend to gain momentum in 2025, particularly in the regulatory challenges against agencies like the FDA, DEA, and local government entities.
5. Legal Battles Over Weight Loss Drugs
The rise of GLP-1 agonists, including drugs like Ozempic and Wegovy, has led to an explosion of legal action. Pharmaceutical companies like Novo Nordisk and Eli Lilly have filed lawsuits against weight loss clinics and supplement sellers for marketing unapproved versions of these drugs. Additionally, the manufacturers are facing growing product liability cases alleging that the drugs cause serious health issues like gastroparesis.
In 2025, we expect more legal challenges involving these drugs as they are expanded for use in treating other conditions, such as Alzheimer’s, cardiovascular disease, and infertility. The wave of lawsuits, including multidistrict litigation (MDL) in Pennsylvania, signals the growing complexity of pharmaceutical-related litigation.
Conclusion
These five trends demonstrate that 2024 has been a year of legal upheaval, with significant implications for businesses, regulators, and consumers. As we head into 2025, the legal community must brace for continued litigation in these areas, while also preparing for the potential emergence of new trends driven by technology, privacy concerns, and shifting regulatory frameworks. Legal professionals and businesses must stay alert to these developments to navigate the evolving landscape effectively.
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