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Consumer Protection Updates

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

CFPB proposes off-balanced approach to public disclosure of HMDA data

by Ballard Spahr LLP on

In October 2015, the CFPB adopted significant changes to the rules under the Home Mortgage Disclosure Act (HMDA). Among the changes, the items of information to be collected and reported under HMDA are greatly expanded, with...more

CFPB Arbitration Agreements Rule Takes Effect Pending Legislative Showdown

The Consumer Financial Protection Bureau (CFPB or Bureau)’s Arbitration Agreements Rule (“the Rule”) took effect on September 18, 2017. The Rule, which bans class action waivers in arbitration agreements in contracts for...more

The Data Report Special Edition (Part II): The Equifax Data Breach

by Bilzin Sumberg on

Litigation attorney Jay Ward studies Equifax's conduct in the aftermath of the data breach in this episode of The Data Report. Jay discusses the company's missteps, including accidentally directing customers to a fake...more

NASAA Survey Finds Seniors Are Most Vulnerable to Financial Fraud

On August 21, 2017, the North American Securities Administrators Association (“NASAA”) released a survey on senior citizens and financial exploitation. The survey of the state securities regulators highlighted, among other...more

Tennessee Business Court Awards Big Bucks against Violator of Tennessee Consumer Protection Act

by Butler Snow LLP on

On May 23, 2017, in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al., No. 16-117-BC, the Tennessee Business Court found that the only remaining defendant, Raymond Enriquez, had defrauded the plaintiff and...more

The Department of Transportation Helps Clear the Road for Autonomous Vehicles

by McDermott Will & Emery on

The US Department of Transportation’s National Highway Traffic Safety Administration recently released A Vision for Safety 2.0, an update to its prior guidance on automated driving systems. The new guidance adopts a...more

The Massachusetts Attorney General’s Complaint Against Equifax

As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax....more

Trump to Nominate New Commissioner to CPSC

President Trump announced on September 21, 2017, that his intent to nominate Jones Day partner Dana Baiocco to the position of Commissioner of the Consumer Product Safety Commission (CPSC) for a 7-year term starting next...more

Arizona Court of Appeals Clarifies Law Governing Arbitration Waiver

by Snell & Wilmer on

In Security Alarm Financing Enterprises, L.P. v. Fuller, et al., Case No. 1 CA-CV 16-0255 (Ariz. Ct. App. July 6, 2017), the Arizona Court of Appeals recently held as a matter of first impression that Arizona state courts...more

Employees Of Meal Subscription Companies May Be Required To Obtain Food Handler Cards

by Jackson Lewis P.C. on

The California Legislature recently passed AB 1461 which, if signed into law, would require all food-handling employees of food facilities that provide meal subscription plans to obtain food handler cards in accordance with...more

Menu Labeling Litigation Between the FDA and Public Interest Groups May Be On Hold

Following the announcement that the Food and Drug Administration (FDA or Agency) had decided to delay the compliance deadline for the menu labeling regulations, two public interests groups sued the FDA over the decision...more

California Court Tosses Challenge to Gap Outlet Labels

In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap....more

Seasoned Litigator Nominated to Replace Commissioner Robinson and Establish Republican Majority at CPSC

Yesterday, President Trump announced his nomination of Dana Baiocco to be a Republican Commissioner on the Consumer Product Safety Commission. If confirmed, Ms. Baiocco would take the seat of Commissioner Robinson, whose term...more

Don’t Fall for a Scam: Trademark Owners Targeted

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties....more

SEC Issues Risk Alert on the Most Frequent Advertising Rule Compliance Issues and Use of Accolades in Advertisements

by Proskauer Rose LLP on

I. Advertising Rule Compliance Issues - On September 14, 2017, the staff of the SEC's Office of Compliance Inspections and Examinations (OCIE) issued a National Examination Program Risk Alert on the most frequent advertising...more

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

by Nexsen Pruet, PLLC on

Ocwen Financial Corporation (Ocwen) is one of the country’s largest nonbank mortgage loan servicers, and it has had its hands full the last six months. On April 20, the Consumer Financial Protection Bureau (CFPB) filed an...more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

by Pessin Katz Law, P.A. on

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain...more

FTC’s ‘Stick with Security’ Series Carries On

Continuing with its “Stick with Security” series of blog posts for businesses, the Federal Trade Commission worked its way through several more items found in the “Start with Security” guidance....more

Equifax Breach: What Can the Hackers Do with Your Information and How Can You Protect Yourself?

by Bowditch & Dewey on

The Equifax breach is not the biggest in terms of the number of people affected (the 2016 Yahoo breach compromised data associated with over 500 million user accounts compared to the 143 million people affected by the Equifax...more

CFPB finalizes alignment of Regulation B and Regulation C requirements regarding collection of consumer ethnicity and race...

by Ballard Spahr LLP on

On September 21, the CFPB finalized its proposal to amend Regulation B requirements related to the collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised...more

Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner

by Kelley Drye & Warren LLP on

Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve a...more

CPSC Announces Intent to Restrict Halogenated Flame Retardants in Consumer Products

by Beveridge & Diamond PC on

This week, the U.S. Consumer Product Safety Commission (CPSC) voted to form an advisory panel and begin drafting a rule to restrict the use of halogenated flame retardants in four consumer product categories: children’s...more

When Ripples Become Waves: The Equifax Cybersecurity Incident

Since September 7, 2017, Equifax, one of three credit rating agencies in the United States, has been dealing with the fallout from one of the largest (known) data breaches of personal information, putting 143 million...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Illinois Attorney General Will Not Seek Reelection in 2018; Democrats Scott Drury and Kwame Raoul Announce Bid for Seat- Illinois AG Lisa Madigan, a Democrat, announced on her campaign website that she will...more

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