Consumer Protection Updates

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
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The Last of Obama-Era CFPB Enforcement?

Making the most of its enforcement powers before the new administration takes over, and likely concerned that its days as a stand-alone bureau may be coming to an end, the Consumer Financial Protection Bureau (CFPB) took...more

Annual HSR Merger Notification Threshold Adjustments Announced

On January 19, the Federal Trade Commission (FTC) announced the annual changes to the thresholds of the Hart-Scott-Rodino Antitrust Improvements Act (the HSR Act). These thresholds are adjusted annually based on changes in...more

Puff … Puff … Sue? Distinguishing an Aggressive Sales Pitch from an Actionable Misrepresentation

Everyone’s heard it before: “This is the best phone on the market!” “There’s no faster internet anywhere!” “Best looking car you’ll see on the road!” “X Co. has the greatest brains behind it!”...more

Blue Shield Avoids TCPA-Related Liability

A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act...more

Changes to Polish Antimonopoly Law in a Nutshell

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish...more

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more

How Does The CFPB Actually Litigate?

At the risk of kicking the CFPB while it’s down, a question worth asking is: how does it actually litigate once a “covered person”[1] decides to resist? Setting aside the noteworthy PHH case, the vast majority of enforcement...more

Swiss join the EU in reaching data transfer accord with the U.S.

Last year the U.S. Department of Commerce and the European Commission agreed on a data transfer protocol that provides a mechanism for compliance with data protection requirements when transferring personal data from the EU...more

United States And Switzerland Reach Data Transfer Agreement

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more

OMB Issues Guidelines for Preparing for and Responding to PII Breaches

On January 3, the Office of Management and Budget (OMB) issued Memorandum M-17-12, which clarifies how federal agencies should prepare for and respond to data security breaches involving personally identifiable information...more

Certified Used Vehicles for Sale Can Have Unrepaired Defects

Used Car Dealers Not Required to Fix Safety Recalls Before Selling Automobiles - Have you recently purchased a certified used vehicle or are you considering a used car when you make your next automobile purchase? If so,...more

“Nutella” No Longer Just a Dessert Topping – FDA Seeks Comments on Appropriate Reference Amount Customarily Consumed (RACC) and...

As we previously reported, the Food and Drug Administration (FDA) issued a Final Rule in May of this year updating, modifying and establishing several reference amounts customarily consumed (RACCs) for a number of foods based...more

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

In its latest action involving allegedly deceptive earnings claims, the FTC announced yesterday that Uber had agreed to settle charges that it misled potential drivers with inflated earnings claims. The complaint also...more

FDA Recommends Maximum Level of Lead in Cosmetic Products . . . But Finds that Most Products Surveyed are Already Well Below the...

As 2016 comes to an end, the Food and Drug Administration (FDA or agency) is turning its attention to cosmetics by issuing a draft guidance on December 21, 2016 recommending a limit of “no more than 10 parts per million (ppm)...more

CFPB Continues Its Focus on Medical Debt

Last week, the Consumer Financial Protection Bureau (CFPB) announced a consent order with two debt collection law firms specializing in medical debt. This action is similar to prior CFPB enforcement actions taken against debt...more

FDA Makes Public the Scientific Data Evaluated and Provides Draft Guidance Regarding the Inclusion of Certain Fibers in the...

As previously reported, in May 2016, the Food and Drug Administration (FDA or agency) published new final regulations on Nutrition and Supplement Facts labeling. As part of the final rules, FDA defined “dietary fiber,” in...more

Court reported to reject request of plaintiffs in another case challenging CFPB’s constitutionality for consolidation with PHH

According to a Law360 report, the D.C. federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to consolidate their case with PHH on appeal to the...more

You Should Know - January 2017

People now spend more time online than watching television. And the top destinations are social media sites like Facebook. This month we look at the consequences of sharing too much personal information on social media and...more

Some FAQ News Under ERISA - The DOL Issues Two More Sets of "Investment Advice" Q&As

The U.S. Department of Labor (the “DOL”) released two additional sets of FAQs on January 13, 2017 regarding the new “investment advice” regulation and related exemptions (the “Rule”) under the fiduciary provisions of the...more

Financial Services Weekly News - January 2017 #2

Editor's Note - In This Issue.The SEC and FINRA released their examination priorities for 2017; the SEC’s Division of Investment Management issued an interpretative letter that would permit brokers to charge their own...more

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Stage Set for Ninth Circuit to Weigh in on “True Lender” Test

On January 3, 2017, the Central District of California issued an order in CFPB v. CashCall, Inc., No. 2:15-cv-07522 (C.D. Cal.) allowing the defendants to request an interlocutory appeal of its August 31, 2016, decision...more

CFPB previews company portal update

The CFPB has released an overview of an updated online company portal for viewing and responding to consumer complaints that it plans to launch in early 2017. The overview is intended to serve “only as a first glance at...more

DOL Issues Additional Interpretative Guidance on New Fiduciary Rule

On January 13, 2017, the U.S. Department of Labor (the “DOL”) issued the second in a planned three-part set of FAQs on its new fiduciary rule. (For details on the fiduciary rule, see our prior Alert, and for details on the...more

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

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