Communications & Media Law, Consumer Protection, Finance & Banking

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

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

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

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

NACHA’s Guidelines For Bill Payments Via QR Codes

by Kate Aishton, Andrew Grant | BuckleySandler LLP on 5/22/2013

NACHA, the Electronic Payments Association, has just taken a step towards easing consumer payments via mobile devices. The Council for Electronic Billing and Payment, a subsection of NACHA, released its 'Quick Response...more

CFPB Targets Service Provider in Real Estate Kickback Enforcement Action

by Jonathan L. Pompan | Venable LLP on 5/21/2013

The CFPB continues to use its enforcement power on service providers, including companies involved in advertising and marketing and lead generation The Consumer Financial Protection Bureau (the "CFPB") announced it...more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

OCC, FDIC Announce Overdraft Enforcement Actions

by BuckleySandler LLP on 5/13/2013

On April 30, the OCC and the FDIC announced parallel enforcement actions against a national bank and an affiliated state bank to resolve allegations that the institutions violated Section 5 of the FTC Act in their marketing...more

FTC Recommends Consumer Protections for Mobile Payment Industry

by Wilson Sonsini Goodrich & Rosati on 4/1/2013

The Federal Trade Commission (FTC) has released a staff report on mobile payments, which identifies and makes recommendations for three key issues in the mobile payment industry that the FTC believes present consumer...more

FTC Report on Mobile Payments

by Loeb & Loeb LLP on 3/27/2013

The Federal Trade Commission issued a report and recommendations for mobile payments called Paper, Plastic... or Mobile? An FTC Workshop on Mobile Payments, which is based on a workshop held by the Commission in 2012 to...more

FTC Issues New Guidance Addressing Mobile And Social Media Advertising

by Joseph D. Simon | Cullen and Dykman LLP on 3/18/2013

The Federal Trade Commission (“FTC”) has released new guidance for mobile and other online advertisers that explains how to make disclosures clear and conspicuous to avoid deception. Although the FTC does not have authority...more

Retailers Beware: Common Credit Card and Marketing Data Collection Practices Could Violate Law

by Richard Green | McCarter & English, LLP on 3/18/2013

Already home to one of the toughest data protection laws in the country, Massachusetts now joins California in having expansive protections for data exchanged during a credit card transaction....more

Zip Code as Personal Information: The Massachusetts Round 2

by Mintz Levin - Privacy & Security on 3/13/2013

Yesterday, the Massachusetts Supreme Judicial Court (“SJC”) ruled that zip codes constitute “personal identification information” under G.L. c. 93. The question of law came to the SJC from the U.S. District Court for...more

CFPB to Focus on Use of Social Media

by Jonathan L. Pompan | Venable LLP on 2/27/2013

Originally published in Venable's All About Advertising Law Blog. Social media use will soon be scrutinized as part of exams of providers of consumer financial products and services by federal and state regulators. On...more

Advertising News & Analysis - February 21, 2013

by Leonard L. Gordon, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 2/25/2013

In this issue: - Cordray Outlines CFPB’s 2013 Agenda - "It's My Trademark" No Defense in NAD False Advertising Challenge - This Just In: FTC Has Big Plans for 2013 - Upcoming Events An excerpt from...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

Advertising News & Analysis - February 14, 2013

by Edward Boyle, Emilio W. Cividanes, Douglas Emhoff, Stuart P. Ingis, Jeffrey D. Knowles, Melissa McLaughlin, Amy Ralph Mudge, Jonathan L. Pompan, Randal M. Shaheen | Venable LLP on 2/18/2013

In this issue: - Recent NAD Decision Illuminates FDA’s “Light” Requirements - CA Supreme Court Rules Song-Beverly Doesn’t Apply to Online Downloadable Purchases - Comments in Four Loko Settlement May Drive...more

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

by Joshua Threadcraft | Burr & Forman on 2/6/2013

In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

New TCPA Action Against Card Issuer Highlights Growing Area Of Litigation Risk

by BuckleySandler LLP on 2/5/2013

On January 29, a credit card holder filed a putative class action against a card issuer that funds consumer retail credit accounts for customers of a major retail chain, alleging that the issuer violated the Telephone...more

Federal Regulators Propose Guidance For Social Media Use

by BuckleySandler LLP on 2/4/2013

On January 22, the FFIEC proposed guidance on the applicability of consumer protection and compliance laws, regulations, and policies to activities conducted via social media by federally supervised financial institutions, as...more

FFIEC Issues Proposed Guidance on Social Media Risks and Compliance

by Richard Raysman | Holland & Knight LLP on 1/28/2013

The Federal Financial Institutions Examination Council (FFIEC) released a proposed guidance regarding the applicability of consumer protection, compliance and privacy laws to social media usage by banks, credit unions, and...more

FFIEC Proposes Supervisory Guidance for Financial Institutions Using Social Media

by Joseph D. Simon | Cullen and Dykman LLP on 1/25/2013

The Federal Financial Institutions Examination Council (the “FFIEC”) has proposed supervisory guidance addressing the applicability of federal consumer protection and compliance laws, regulations, and policies to activities...more

Proposed FFIEC Guidance on Financial Institution Social Media Use

by Craig Hoffman | BakerHostetler on 1/24/2013

The Federal Financial Institutions Examination Council (FFIEC) released for comment on January 17 its proposed Social Media: Consumer Compliance Risk Management Guidance. There is a 60-day comment period. The purpose of the...more

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 1/23/2013

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

CFPB goes after another mortgage modification business

by Barbara S. Mishkin | Ballard Spahr LLP on 12/13/2012

The CFPB announced that on December 3, 2012, it filed a second action in the U.S. District Court for the Central District of California seeking to shut down an alleged mortgage modification scam....more

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Communications & Media Law › Consumer Protection › Finance & Banking