Consumer Protection Administrative Agency

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CFPB Files Suit and Obtains Injunction Against Participants of Alleged Illegal Debt Collection Scheme

On April 8, the CFPB announced that it filed a lawsuit in the United States District Court for the Northern District of Georgia on March 26 against participants in an allegedly illegal debt collection operation, involving...more

Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

FDA Increasing Scrutiny of Cosmetic Marketing Claims, New Agency Warnings Suggest

In addition to truthful and non-misleading advertising requirements, which are enforced by the FTC and certainly familiar to readers of this blog, personal care and cosmetic products are also subject to the Federal Food,...more

CFPB Continues Focus on Mortgage Lender Advertising

Last week, the CFPB announced an enforcement action against RMK Financial Corporation d/b/a Majestic Home Loans (RMK) related to deceptive mortgage advertising practices....more

FTC Settles with Technology Company for Allegedly Misleading Consumers about Refunds

On April 7, the FTC announced a proposed settlement of an administrative complaint alleging that a web hosting provider violated the Federal Trade Commission Act. According to the press release, the company offered web...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

AT&T Pays $25 Million in FCC Settlement

In the largest ever data security enforcement action taken by the Federal Communications Commission (FCC), AT&T agreed to pay $25 million to resolve an investigation into consumer privacy violations at its call centers in...more

FCC Imposes Record Penalty for Data Breach

On Wednesday, April 8, the Federal Communications Commission (FCC) entered a consent decree and levied a $25 million civil penalty against AT&T to settle a data breach that exposed the information of nearly 280,000 customers....more

House Republicans ask CFPB and banking agencies to disclaim “Operation Choke Point”

Six Republican members of the House Financial Services Committee, including Chairman Jeb Hensarling, have sent identical letters to the CFPB, OCC, Fed and NCUA asking each agency to “publicly disclaim [its] past, present, and...more

CFPB Announces Action Against National Debt Collection Company

On March 30, the CFPB announced an enforcement action against a nationwide debt collection operation and its CEO for allegedly violating the FDCPA. The Bureau’s complaint alleges that the debt collection operation (i) posed...more

Montana And Wyoming Revise Data Breach Notification Laws

The states of Montana and Wyoming recently updated their data breach notification statutes. The revisions include updates to the states’ definitions of personal information subject to breach notification provisions, among...more

Bloomberg Product Safety Article Misses the Mark; U.S. Product Safety Economy Safer Than Ever

On April 7, Renee Dudley of Bloomberg News authored an article entitled “The Cheap Toys You Buy Your Kid Are Rarely Inspected.” The article has been republished by major news publications and gained some nationwide...more

CFPB targets another mortgage lender for deceptive advertising

The CFPB has announced the settlement of an enforcement action against a California-based mortgage lender for alleged deceptive advertising practices, including the use of advertisements that the CFPB claimed falsely led...more

FFIEC’s Seven Cybersecurity Priorities for 2015

While others were waiting for spring to arrive, community bank officers and directors were waiting for the Federal Financial Institutions Examination Council (FFIEC) to provide additional guidance on its cybersecurity...more

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

How might the Supreme Court’s decision in Perez v. MBA affect the CFPB?

The U.S. Supreme Court’s recent decision in Perez v. Mortgage Bankers Ass’n invalidated a significant line of D.C. Circuit case law known, after the leading case, as the Paralyzed Veterans doctrine. A case involving a series...more

Tenth Circuit Stays April 1 Effective Date of CPSC’s Magnets Safety Rule

Over the past year, we have blogged about the CPSC’s rulemaking process to regulate high-powered magnet sets via a safety standard as well as the administrative complaints brought by the agency to force multiple companies...more

OIG updates project completion dates and completes audit of CFPB’s Tableau system

In its work plan updated as of March 27, 2015, the Office of Inspector General (OIG) has moved back the estimated completion dates of several ongoing projects previously estimated to be completed in the first quarter of...more

Food Labeling, Food Safety & Nutrition

From a national action plan on combating antibiotic-resistant bacteria in food-producing animals and a presidential task force on fishing and seafood fraud, to proposed rules on nutrition and supplement fact labeling, the...more

LabMD files Motion to Exclude Exhibits as it gears up for May 5th hearing with FTC

The litigation between LabMD and the FTC is not mellowing. Last week, LabMD filed a Motion to Exclude the FTC’s admission of all Tiversa documents during the FTC administrative hearing scheduled for May 5th....more

Devastating TCPA Fine Levied Against Small Roofing Company

David Randall Associates, Inc. has provided commercial roofing services in eastern Pennsylvania, New Jersey, and mid-state Delaware for the past 25 years. Last Friday, the company was hit with a $22,405,000 TCPA fine in a...more

CPSC Civil Penalty Trend Continues

At the end of last year, we reported that the U.S. Consumer Product Safety Commission issued $12.2 million in civil penalties in 2014, more than double the amount issued in 2013. The number of companies fined increased as...more

Operation Chokepoint Yields Deals With Two California Banks

Why it matters - A pair of settlements between the Department of Justice (DOJ) and two California banks recently demonstrated that Operation Chokepoint is alive and well. CommerceWest Bank agreed to pay $4.9 million to...more

CFPB announces proposals for limiting activities of payday lending market participants and other lenders: 6 questions answered

The CFPB has released proposals for a future payday loan rulemaking that will have a far-reaching impact on the $46 billion payday loan industry and on other markets. Under its proposals, the CFPB is offering industry...more

FDA Holds Public Hearing On Proposed Label Change Rule

On March 27, 2015, the FDA held a public meeting regarding its proposed generic drug labeling rule, a rule that would allow ANDA holders to unilaterally update labeling prior to FDA approval. Testimony from proponents of the...more

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