Donnelly McDowell

Donnelly McDowell

Kelley Drye & Warren LLP

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Two Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals and Penalty Offense Authority for Money-Making Claims

On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to...more

1/17/2023  /  Automatic Renewals , Civil Monetary Penalty , Consumer Contracts , Contract Terms , Federal Trade Commission (FTC) , ROSCA , Subscription Services , Terms and Conditions

FTC Launches Two More Actions under the Consumer Review Fairness Act, Requires Companies to Stop Restricting Reviews through Form...

The FTC today announced two new actions under the Consumer Review Fairness Act against companies (CRFA) that allegedly used non-disparagement provisions in consumer form contracts in connection with selling their respective...more

6/4/2019  /  Consumer Contracts , Consumer Review Fairness Act (CRFA) , Contract Terms , Federal Trade Commission (FTC) , Online Reviews , Popular

eHarmony Agrees to Pay up to $2.2 Million to End Auto-Renewal Suit

Last week, eHarmony agreed to pay up to $2.2 million to resolve allegations brought by four California counties and the city of Santa Monica over the company’s billing practices. That includes a payment of $1.2 million in...more

1/17/2018  /  Automatic Renewals , Consumer Contracts , Subscription Services

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

Last week, the Senate voted 51 to 50 (with Vice President Pence casting the tiebreaking vote) to override the Consumer Financial Protection Bureau’s Arbitration Rule, which was finalized earlier this year in July. As...more

10/31/2017  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Congressional Review Act , Consumer Contracts , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry

CFPB Issues Final Rule Prohibiting Mandatory Pre-Dispute Arbitration Agreements for Covered Consumer Financial Products and...

The Federal Register published today the Consumer Financial Protection Bureau's (CFPB) final rule that was announced last week and would prohibit providers of covered consumer financial products and services from using...more

7/20/2017  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Consumer Contracts , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Dodd-Frank , Financial Services Industry , Mandatory Arbitration Clauses
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