Consumer Protection

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

by John L. Culhane, Jr., Alan S. Kaplinsky, Jeremy T. Rosenblum, Mercedes Kelley Tunstall | Ballard Spahr LLP on 5/24/2013

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money...more

OIG to issue report on presence of CFPB enforcement attorneys in exams by October 31

by Barbara S. Mishkin | Ballard Spahr LLP on 5/24/2013

In its Semiannual Report to Congress for the six month period ending March 31, 2013, the Federal Reserve Board’s Office of the Inspector General (OIG) indicates that, during the next semiannual reporting period (which ends...more

CFPB Investigation Leads to First Criminal Referral to DOJ

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/24/2013

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the...more

Update: Third Circuit recess appointment decision ups the ante on certiorari

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment...more

Was Chicken Little an Optimist?

by Andrew Caplan, Jonathan Jaffe, Kristie Kully, Eric Mitzenmacher, David Tallman | K&L Gates LLP on 5/24/2013

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to...more

App Developer Settles FCRA Charges Over Provision of Criminal Background Reports

by Richard Raysman | Holland & Knight LLP on 5/24/2013

Earlier this year, an enterprise that sold criminal record reports via mobile apps agreed to settle FTC charges that it operated as a consumer reporting agency without taking consumer protection measures required by the Fair...more

Illinois Supreme Court Holds TCPA Damages Not Punitive

by Traub Lieberman Straus & Shrewsberry LLP on 5/24/2013

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Privacy Reform Coming in Light of Big Data

by Lisa K. Abe-Oldenburg | Bennett Jones LLP on 5/24/2013

Canada’s Federal Privacy Commissioner Jennifer Stoddart today released a position paper which offers a roadmap for modernizing Canada’s federal private-sector privacy law, Personal Information Protection and Electronic...more

Advertising Law -- May 23, 2013

by Charles Washburn, Jr. | Manatt, Phelps & Phillips, LLP on 5/24/2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

by Keith R. Fisher, Alan S. Kaplinsky | Ballard Spahr LLP on 5/24/2013

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

Instapundit: America's IP Laws Need to be "Pruned Back" [Video]

by Bloomberg Law on 5/24/2013

May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

by Mary Kathryn (Katie) King | Spilman Thomas & Battle, PLLC on 5/23/2013

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...more

CFPB’s Amendments To The “Escrows Final Rule” Seek To Maintain Consumer Protections Applicable To Higher-Priced Mortgage Loans And...

by Yesenia Garcia Perez | Foley & Lardner LLP on 5/23/2013

The Consumer Financial Protection Bureau (“CFPB”) recently issued a final rule clarifying the 2013 Escrows Final Rule issued by CFPB on January 10, 2013. The CFPB indicates that the clarifying and technical amendments to the...more

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

by Nicole Skolout | BakerHostetler on 5/23/2013

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

CFPB and Conference of State Bank Supervisors sign framework for coordinating supervision and enforcement

by John D. Socknat | Ballard Spahr LLP on 5/23/2013

The CFPB announced earlier this week that it has established a “framework” with the Conference of State Bank Supervisors (CSBS) for coordination among the CFPB and state regulators on supervision and enforcement matters....more

FTC Submits Financial Acts Enforcement Letter To CFPB

by BuckleySandler LLP on 5/23/2013

On May 14, the FTC released a letter it sent to the CFPB’s assistant directors for fair lending and supervision examinations describing activities related to the FTC’s administration and enforcement of the regulations...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

by Mark Walker | Cox Smith on 5/23/2013

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

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Consumer Protection Updates

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

OIG to issue report on presence of CFPB enforcement attorneys in exams by October 31

CFPB Investigation Leads to First Criminal Referral to DOJ

Update: Third Circuit recess appointment decision ups the ante on certiorari

Was Chicken Little an Optimist?

App Developer Settles FCRA Charges Over Provision of Criminal Background Reports

Illinois Supreme Court Holds TCPA Damages Not Punitive

Privacy Reform Coming in Light of Big Data

Advertising Law -- May 23, 2013

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

Instapundit: America's IP Laws Need to be "Pruned Back" [Video]

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

CFPB’s Amendments To The “Escrows Final Rule” Seek To Maintain Consumer Protections Applicable To Higher-Priced Mortgage Loans And...

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

CFPB and Conference of State Bank Supervisors sign framework for coordinating supervision and enforcement

FTC Submits Financial Acts Enforcement Letter To CFPB

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

Financial Services Bulletin: Action At The CFPB

NACHA’s Guidelines For Bill Payments Via QR Codes

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

CFPB Issues Rules Governing Use of Civil Penalty Funds

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

Dangerous Toys: BuckyBall Recall

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

Instapundit: America's IP Laws Need to be "Pruned Back" [Video]

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