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Consumer Protection Act

Foley & Lardner LLP

SEC’s Focus on Whistleblower Protection Practices Continues

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On September 9, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for alleged violations of Securities Exchange Act Rule 21F-17. According to the SEC,...more

Troutman Pepper

Colorado Argues for Expanded Application of State’s Consumer Protection Statute

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In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s...more

Mintz - Health Care Viewpoints

Will Sustained Pressure on the 340B Program Finally Lead to Much Needed Reform?

As we enter into the final months of 2024, new developments in the administration of the 340B Drug Pricing Program signal that additional reform may be on the way. Although recent revisions to the 340B program’s...more

Cozen O'Connor

DC AG Settles with Title Insurance Companies over Referral Payments

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District of Columbia AG Brian Schwalb has settled with Allied Title & Escrow, LLC, KVS Title, LLC, Union Settlements, LLC, and Modern Settlements, LLC, along with affiliate entities to resolve an investigation into...more

Ballard Spahr LLP

DC Attorney General Settles with Four Title Company Joint Venture Organizers

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The District of Columbia (DC) Office of the Attorney General (OAG) recently entered into settlements with four title companies in connection with title company joint ventures that included the companies and real estate agents...more

Stoel Rives LLP

Washington Supreme Court Expands Scope of 'Unfair Practices' Under Consumer Protection Act to Include Allegations of Price Gouging

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In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable...more

Bennett Jones LLP

A Report on Quebec Consumer Class Actions

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On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more

Troutman Pepper

New Hampshire AG Files Criminal Charges Against Owner for CPA Violations

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On August 20, New Hampshire Attorney General (AG) John Formella announced the arrest of Ricky Southers, the owner of Southers Construction, Inc., for allegedly violating the terms of an injunction issued under the state’s...more

Troutman Pepper

District of Columbia AG Sues StubHub for Alleged “Dark Patterns” and Hidden Fees

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On July 29, the attorney general (AG) for Washington, D.C. sued StubHub, Inc. (StubHub) for violations of the district’s Consumer Protection Procedures Act. The complaint accuses StubHub of employing “dark patterns,”...more

Ballard Spahr LLP

FDIC Urges Financial Institutions to Complete Voluntary Diversity Self-Assessments

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The FDIC is urging financial institutions it supervises to voluntarily submit self-assessments of their diversity policies and practices to the agency by Oct. 31, 2024....more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

Troutman Pepper

Federal Agencies Finalize Automated Valuation Model Rule

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On June 20, six federal financial services regulators issued the final automated valuation model (AVM) rule. The AVM rule, initially proposed in June 2023 and discussed here, aims to implement the quality control standards...more

Jones Day

Colorado Enacts AI Consumer Protection Legislation

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On May 17, 2024, Colorado enacted S.B. 24-205 (the "Act"), which imposes a duty of reasonable care on developers and deployers of high-risk artificial intelligence ("AI") systems to protect consumers from risks of algorithmic...more

Blake, Cassels & Graydon LLP

La Commission du droit de l’Ontario réclame une meilleure protection des consommateurs en ligne

Le 13 mai 2024, la Commission du droit de l’Ontario (la « CDO ») a publié un rapport intitulé Improving Consumer Protection in the Digital Marketplace (en anglais), dans lequel elle réclame d’autres réformes importantes de la...more

Blake, Cassels & Graydon LLP

Ontario Law Commission Calls for Stronger Online Consumer Protection

On May 13, 2024, the Law Commission of Ontario (LCO) released its “Improving Consumer Protection in the Digital Marketplace” report, calling for significant additional reforms to Ontario’s recently adopted Consumer Protection...more

Cozen O'Connor

SCOTUS Adopts Favorable Standard for States’ Ability to Enforce Consumer Protection Laws Regulating National Banks

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The U.S. Supreme Court issued an opinion in Cantero v. Bank of America, N.A., No. 22-529, allowing states to enforce state consumer financial protection laws against both state and national banks. The Court was reviewing the...more

Morrison & Foerster LLP

U.S. Supreme Court Directs Second Circuit to Perform a Barnett Bank Analysis

On May 30, 2024, the U.S. Supreme Court held in a unanimous decision that the preemption standard codified in section 1044 (12 U.S.C. § 25b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) requires...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 4, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts’ Attorney General settles with lender for alleged usury claims

On May 21, the Massachusetts Attorney General (AG) released an Assurance of Discontinuance against a lender for allegedly violating the state’s Consumer Protection Act (CPA) provision on unfair and deceptive acts and...more

Troutman Pepper

Connecticut AG Adds Independent Enforcement Authority for Dodd-Frank Actions

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A new Connecticut law expands the authority of the state’s attorney general to enforce certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act)....more

Bradley Arant Boult Cummings LLP

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more

Foley & Lardner LLP

Supreme Court Rules That the CFPB Is Constitutionally Funded

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On May 16, 2024, the Supreme Court reversed a Fifth Circuit decision which held that the funding for the Consumer Financial Protection Bureau (CFPB) violated the Appropriations Clause. This case was viewed as pivotal to the...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - May 2024 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Cozen O'Connor

Utah to Require Disclosure of Artificial Intelligence

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As of May 1, Utah has joined the expanding patchwork of states with laws specifically targeting artificial intelligence (AI) systems. The Utah Artificial Intelligence Policy Act (UAIPA), signed into law in March of this year,...more

Orrick, Herrington & Sutcliffe LLP

Tennessee amends its Consumer Protection Act

Recently, the Governor of Tennessee signed into law HB 2711 (the “Act”) which amends, among other things, the state’s Consumer Protection Act. In particular, the Act establishes the factors that a court may consider when...more

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