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Consumer Protection General Business

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

California’s CPPA issues advisory on “dark patterns”

On September 4, the California Privacy Protection Agency (“CPPA”) issued an enforcement advisory warning businesses against using “dark patterns” in their user interfaces. “Dark patterns” are choices a company makes regarding...more

Fenwick & West LLP

The FTC Cracks Down on Fake Reviews with New Rule

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The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more

Gardner Law

Privacy Summer School – “Back to School” Recap

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This summer, Paul Rothermel presented a three-part webinar series “Privacy Summer School” covering key privacy topics. These programs, drawing on Paul’s deep privacy experience, covered key areas of compliance and risk as...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

Dorsey & Whitney LLP

Biden Administration Finalizes Section 301 Tariff Increases on Some Chinese Goods, Announces Proposed Rules to Limit De minimis...

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On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff...more

Lowenstein Sandler LLP

NJ Department of Environmental Protection Ramps Up Enforcement Activity Under the Toxic Packaging Reduction Act Ahead of Proposed...

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Recent anecdotal evidence suggests that the New Jersey Department of Environmental Protection (NJDEP) is restarting enforcement activities under a seldom-used consumer packaging law originally adopted in 1990: the Toxic...more

Hudson Cook, LLP

CFPB Sues Credit Card Issuer and its Owner and CEO for Alleged Deceptive Marketing and Improper Fees

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On September 13, 2024, the CFPB filed a lawsuit against the company and its owner and CEO, alleging deceptive and abusive acts and practices in violation of the CFPA and violations of TILA and its implementing regulation....more

Holland & Knight LLP

FTC Challenges H&R Block's Marketing and Data Practices

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In this episode of his "Clearly Conspicuous" podcast series, "FTC Challenges H&R Block's Marketing and Data Practices," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) actions...more

Wiley Rein LLP

Wiley Consumer Protection Download (September 17, 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

Nelson Mullins Riley & Scarborough LLP

California Privacy Protection Agency Launches Informative Blog for Privacy Updates

The California Privacy Protection Agency (CPPA) has taken a step towards enhancing transparency and public engagement around its objectives and priorities by launching its official blog. This platform, available at CPPA Blog...more

Jones Day

City of Baltimore v. BP, et al.: Baltimore's Climate Change Suit Against Fossil Fuel Manufacturers Dismissed

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On July 10, 2024, a Baltimore City Circuit Court judge dismissed a complaint brought by the City of Baltimore against 25 fossil fuel manufacturers, seeking to hold them liable on numerous state-law theories, including for...more

Morgan Lewis - Tech & Sourcing

California Blazes a Trail on AI Legislation with SB 1047 and AB 2013

As discussed in a previous LawFlash, the California legislature recently passed SB 1047. Along with AB 2013, which is focused on transparency and is also awaiting Governor Gavin Newsom’s signature, California lawmakers are...more

Orrick, Herrington & Sutcliffe LLP

District Court finds job recruitment texts are not “solicitations” under the Telephone Consumer Protection Act

Recently, the U.S. District Court for the Central District of California recently dismissed a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against a mortgage company. The plaintiff, who...more

Orrick, Herrington & Sutcliffe LLP

CFPB urges District Court to dissolve preliminary injunction and lift stay on late fee rule

On August 22, the CFPB filed a reply brief in support of its motion urging the U.S. District Court for the Northern District of Texas to dissolve the preliminary injunction and lift the stay on the CFPB’s late fee rule. ...more

Orrick, Herrington & Sutcliffe LLP

The EU AI Act: Who and What Is Covered?

This update is part of our EU AI Act Series. Learn more about the EU AI Act here. The EU AI Act imposes obligations on providers, importers, distributors and deployers of AI systems and General-Purpose AI Models (GPAIMs). ...more

Cooley LLP

CFPB Report Highlights ‘Aggressive,’ ‘Illegal’ Medical and Rental Debt Collection Practices

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On September 5, 2024, the Consumer Financial Protection Bureau (CFPB) released its annual report on debt collection, drawing attention to a range of activities with respect to medical and rental debt collection that the CFPB...more

Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

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Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

Keller and Heckman LLP

August 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Barnea Jaffa Lande & Co.

The Consumer Protection and Fair-Trade Authority: businesses are required to disclose changes to product characteristics or...

Recently, the Consumer Protection and Fair-Trade Authority issued a position paper regarding the disclosure obligations businesses must meet when making changes to product characteristics or components. According to the...more

Jones Day

Australian Corporate Regulators Continue to Target Environmental Claims and Greenwashing in Enforcement Activities

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ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more

Faegre Drinker Biddle & Reath LLP

Texas Federal Court Finds Prerecorded Calls to Schedule Pest Inspections Were Informational, Not Telemarketing

A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more

Steptoe & Johnson PLLC

HELOC Funds Accessed With a Credit Card: No Right To Offset Absent Express Agreement

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The idea of borrowing against equity in a residential home through a second mortgage has been around for almost a century. However, the popularity of a home equity line of credit (HELOC) increased in the 1980s following the...more

Sheppard Mullin Richter & Hampton LLP

Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training...

In an effort to mitigate the risk of violence at work, New York Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (RWSA) on September 5, 2024. The law introduces stringent workplace violence...more

Ballard Spahr LLP

Plaintiffs free to appeal CFPB 1071 Rule after some plaintiffs drop their CFPB unlawful funding claim

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On August 26, 2024, Chief Judge Randy Crane in the E.D. Texas granted summary judgment to the CFPB, denied summary judgment to the trade groups and upheld the CFPB’s 1071 Rule (small business loan data collection rule)....more

Troutman Pepper

Investigation Tag Team: The FTC and the State of Arizona — Moving the Metal: The Auto Finance Podcast

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In this episode, Chris Carlson, an associate in the Regulatory, Investigations, Strategy and Enforcement (RISE) practice, joins Brooke and Chris to discuss how federal and state regulators are collaborating on consumer...more

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