News & Analysis as of

Consumer Protection Antitrust & Trade Regulation

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

DOT probes four airline rewards practices

On September 5, the U.S. Department of Transportation (DOT) initiated an inquiry into the rewards programs of the four largest U.S. airlines to investigate potential unfair, deceptive, or anticompetitive practices. Secretary...more

Venable LLP

Minimizing De Minimis

Venable LLP on

On September 13, the Biden-Harris administration announced new actions to address "significant increased abuse" in the use of the de minimis import exemption. The de minimis import exemption allows low-value shipments (i.e.,...more

Foley & Lardner LLP

Cybersecurity in the Age of Industry 4.0 - Part 2

Foley & Lardner LLP on

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical...more

Davis Wright Tremaine LLP

California's Privacy Regulator Issues Enforcement Guidance on How To Avoid "Dark Patterns" in Obtaining Consumer Consent

On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from...more

Wiley Rein LLP

Athletes, Arenas, and Cyberattacks: The Evolving Landscape of Cybersecurity in Sports

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As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the...more

Cozen O'Connor

Republican AGs Urge EPA to Block CA’s Clean Fleets Regulation

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A group of 24 Republican AGs submitted comments urging the EPA to deny California’s request for a preemption waiver for its Advanced Clean Fleets Regulation, which requires certain vehicle fleets to incorporate zero-emitting...more

Ballard Spahr LLP

CFPB wins default judgment in auto dealership complaint, but federal judge rejects bureau assessment of damages

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A federal District Judge for the Northern District of Georgia, Victoria Marie Calvert, awarded a default judgment to the CFPB against USASF, a car loan servicer of loans originated by U.S. Auto Sales Inc., a buy-here,...more

Fox Rothschild LLP

New Jersey Regulates Intoxicating Hemp Products

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Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more

Cozen O'Connor

CFPB Warns Banks Against Use of Phantom Opt-In Agreements

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The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom...more

Troutman Pepper

CFPB’s Latest FAQs Broaden Interpretive Rule for Pay-in-Four BNPL Products

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On September 18, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a set of frequently asked questions (FAQs) providing guidance on applying Regulation Z requirements to Pay-in-Four Buy Now, Pay Later (BNPL)...more

Ballard Spahr LLP

CFPB to host ‘first look’ at nonbank enforcement order registry

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The CFPB has scheduled two sessions to provide a preview of its nonbank enforcement order registry. The virtual-only discussions are scheduled for September 30 and October 9. Both sessions will feature the same content....more

Kilpatrick

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

Kilpatrick on

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

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Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

Cozen O'Connor

CFPB Settles With Navient Over Allegedly Deceptive Student Loans

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The CFPB settled with student loan servicer Navient Corporation and related entities (collectively, “Navient”) to resolve allegations that its unfair and deceptive service of student loans violated the Consumer Financial...more

Health Care Compliance Association (HCCA)

Privacy Briefs: September 202

The HHS Centers for Medicare & Medicaid Services (CMS) and Wisconsin Physicians Service Insurance Corporation (WPS) are notifying 946,801 people whose protected health information or other personally identifiable information...more

Cozen O'Connor

PA AG Launches Online Portal for Data Breach Reporting

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Pennsylvania AG Michelle Henry announced the launch of an online portal to report data breaches ahead of the effective date of recent amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA)....more

Cozen O'Connor

D.C. AG Settles with Home Flipping Company That Allegedly Took Advantage of Homeowners

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District of Columbia AG Brian Schwalb settled with Curbio, Inc., to resolve allegations that it deceptively marketed and sold contracts for pre-sale home improvements in violation of the District’s consumer protection laws....more

Cozen O'Connor

FTC Secures Judgment Against Companies for Allegedly Defrauding Consumers in Credit Card Laundering Scheme

Cozen O'Connor on

The FTC settled with Legion Media, LLC, KP Commerce, LLC, and Sloan Health Products, LLC and related individuals and entities to resolve allegations over unauthorized billing schemes for sales of CBD and keto products in...more

Ballard Spahr LLP

CFPB Takes Aim at Cash Back Fees

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Some dollar store chains and other retailers now are charging consumers for obtaining cash back on debt or prepaid card purchases—transactions that generally have been free in the past–the CFPB reported....more

Troutman Pepper

CFPB Releases New Circular on Opt-In Requirements for Overdraft Services

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On September 17, the Consumer Financial Protection Bureau (CFPB or Bureau) published Circular 2024-05 (Circular) addressing whether a financial institution violates the Electronic Fund Transfer Act (EFTA) and Regulation E by...more

Ballard Spahr LLP

CFPB sues Horizon Card Services and CEO, saying they cheated low-income people through membership scheme

Ballard Spahr LLP on

The CFPB earlier this month filed suit against Horizon Card Services and its CEO and sole shareholder Robert Kane for allegedly tricking subprime consumers into signing up for a high-fee credit card that only allowed them to...more

Troutman Pepper

FDIC Proposes New Rule to Strengthen Recordkeeping for Third-Party Deposits

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On September 17, the Federal Deposit Insurance Corporation (FDIC) announced a notice of proposed rulemaking (Proposal) aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

Holland & Knight LLP on

Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Troutman Pepper

July 2024 Consumer Litigation Filings: Mixed Results for Month, Up YTD

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA) were down for the month of July, but filings the under Fair Debt Collection...more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

Woods Rogers on

Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

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