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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Sheppard Mullin Richter & Hampton LLP

What to Watch: Potential Increase in Enforcement of “RUO” Diagnostics

Last spring, we wrote about a warning letter the United States Food & Drug Administration (“FDA” or the “Agency”) issued to Agena Bioscience Inc. (the “Agena Warning Letter”) for allegedly promoting its diagnostic product...more

Sheppard Mullin Richter & Hampton LLP

FDA Ratchets Enforcement on Social Media Promotion in New Warning Letter

The U.S. Food and Drug Administration (“FDA”) Office of Prescription Drug Promotion (“OPDP”) recently posted a warning letter (the “Letter”, issued on May 29, 2025, to Sprout Pharmaceuticals, Inc. (“Sprout”) and its CEO,...more

BCLP

Turf Social: A Developing Regulatory Relationship

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On 10 June Nikhil Rathi, the FCA’s CEO, appeared before the Treasury Select Committee. The opening volley of questions was focused on the risks presented by illegal financial promotions on social media and, relatedly, the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

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Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Orrick, Herrington & Sutcliffe LLP

OIG confirms it will investigate CFPB following senators’ requests

On June 6, the OIG for the Fed and the CFPB responded to requests from Sens. Andy Kim (D-NJ) and Elizabeth Warren (D-MA) for a review of recent workforce reductions and contract cancellations at the CFPB. The OIG confirmed it...more

Hogan Lovells

PSD3: COREPER approves Council of EU’s amended PSD3 and PSR texts, paving the way for inter-institutional negotiations on final...

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As with the European Parliament’s April 2024 adopted texts, the Council of the EU’s proposed amendments to the European Commission’s June 2023 legislative proposals touch on some significant areas of interest for payment...more

Orrick, Herrington & Sutcliffe LLP

Congressional Research Service reports on CFPB funding proposals in H.R. 1

On June 16, the Congressional Research Service updated a report on the CFPB’s budget to include the funding proposals by the Senate Banking Committee and the House Committee on Financial Services in H.R. 1, the “One Big...more

Robinson+Cole Data Privacy + Security Insider

California’s SB 690: A Game-Changer for Website Privacy Lawsuits Pushes Forward

On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690) in a 35-0 vote, a strong show of support for reining in a flood of lawsuits that have taken many companies by surprise over the last few...more

Orrick, Herrington & Sutcliffe LLP

Prudential regulators issue RFI on payments fraud

On June 13, the OCC, the Fed, and the FDIC jointly issued an RFI seeking public input on ways to address rising payments fraud, with a particular emphasis on check fraud. The request for information seeks stakeholder feedback...more

Orrick, Herrington & Sutcliffe LLP

CFPB rescinds procedural rule on rulemaking

On June 18, the CFPB published a final rule in the Federal Register rescinding a previous rule that specified how the agency issues rules and when those rules are considered issued. Effective June 18, the final rule rescinds...more

Husch Blackwell LLP

Proposed State Privacy Law Update: June 23, 2025

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Keypoint: Texas enacts two amendments to its data broker law while New York’s legislature passes a social media warning bill. Below is the twenty fourth weekly update on the status of proposed state privacy legislation in...more

Ballard Spahr LLP

OCC confirms that its national bank preemption regulations are valid and require no changes despite Cantero Supreme Court opinion

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The OCC has mounted a vigorous defense of federal preemption, calling it “a cornerstone of the dual banking system, under which federally and state-charted banks operate alongside each other.”...more

Orrick, Herrington & Sutcliffe LLP

CFPB extends compliance dates for its 1071 small business data rule

On June 18, the CFPB issued an interim final rule in the Federal Register extending the compliance dates for its 2023 Small Business Lending Under the Equal Credit Opportunity Act rule (Regulation B). The Bureau indicated...more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes to eliminate ability to allocate civil money penalties to fund financial literacy programs

On June 18, the CFPB published a proposed rule in the Federal Register amending its 2013 rule implementing the CFPA provision establishing the Consumer Financial Civil Penalty Fund. The proposed rule rescinds aspects of the...more

Ballard Spahr LLP

CFPB will not issue revised BNPL rule

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Having previously announced that it was withdrawing its Buy Now, Pay Later rule, the CFPB recently said that it does not intend to issue a revised rule....more

Troutman Pepper Locke

Supreme Court Rules Hobbs Act Does Not Bind District Courts to Agency Interpretations

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In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more

Orrick, Herrington & Sutcliffe LLP

New York attorney general obtains $250K in CFPB’s dropped case

On June 16, the New York attorney general settled a civil action against a remittance provider in a case dropped by the CFPB earlier this year, which as previously covered by InfoBytes, left the State of New York as the sole...more

Hinch Newman LLP

FAIR Business Practices Act Passed by New York Legislature that Bolsters GBL Section 349

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As recently blogged about here, in March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State...more

Jones Day

EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

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On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

Venable LLP

FTC Targets “Merchant of Record” for Unlawful Payment Processing, TSR, and ROSCA Violations

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In a development that underscores the Federal Trade Commission’s (FTC) growing scrutiny of the “merchant of record” model, the commission announced a $5 million settlement with UK-based Paddle.com Market Limited (Paddle),...more

WilmerHale

New York Legislature Passes FAIR Business Practices Act

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As federal consumer protection enforcement has recently taken a sharp turn towards less regulation and enforcement, states continue efforts to fill the gap left by the federal pullback. ...more

Dacheng

China Monthly Data Protection Update: June 2025

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This monthly report outlines key developments in China’s data protection sector for June. TC260 Two Cybersecurity Practice Guidelines on Personal Information Protection Compliance Audits: On May 19, 2025, TC260 issued two...more

Ballard Spahr LLP

Senate Parliamentarian says elimination of CFPB funding cannot be included in budget bill but delay of Section 1071 rule passes...

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The Senate parliamentarian has ruled that a key Senate Banking, Housing and Urban Affairs (Banking Committee) provision that would eliminate all funding for the CFPB cannot be included in the massive budget reconciliation...more

Osano

Privacy for Risk Management: Bridge the Business, Technology and Compliance Gaps

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If you're in risk management, you sit at the intersection of privacy, security and compliance. It's a juggling act, and data privacy is just one ball in the air. You're overworked and your tech stack doesn't play nice...more

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