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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Ballard Spahr LLP

CFPB Takes Aim at Cash Back Fees

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Some dollar store chains and other retailers now are charging consumers for obtaining cash back on debt or prepaid card purchases—transactions that generally have been free in the past–the CFPB reported....more

Troutman Pepper

CFPB Releases New Circular on Opt-In Requirements for Overdraft Services

Troutman Pepper on

On September 17, the Consumer Financial Protection Bureau (CFPB or Bureau) published Circular 2024-05 (Circular) addressing whether a financial institution violates the Electronic Fund Transfer Act (EFTA) and Regulation E by...more

Ballard Spahr LLP

CFPB sues Horizon Card Services and CEO, saying they cheated low-income people through membership scheme

Ballard Spahr LLP on

The CFPB earlier this month filed suit against Horizon Card Services and its CEO and sole shareholder Robert Kane for allegedly tricking subprime consumers into signing up for a high-fee credit card that only allowed them to...more

Troutman Pepper

FDIC Proposes New Rule to Strengthen Recordkeeping for Third-Party Deposits

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On September 17, the Federal Deposit Insurance Corporation (FDIC) announced a notice of proposed rulemaking (Proposal) aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

Holland & Knight LLP on

Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Troutman Pepper

July 2024 Consumer Litigation Filings: Mixed Results for Month, Up YTD

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA) were down for the month of July, but filings the under Fair Debt Collection...more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

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Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

A&O Shearman

Utah AI Consumer Transparency Law

A&O Shearman on

Daren Orzechowski, Alex Touma, and Jack Weinert examine the history and key requirements of Utah’s AI Consumer Transparency law. On March 13, 2024, the Governor of Utah, Spencer Cox signed the Utah Artificial Intelligence...more

Foley Hoag LLP - Cannabis and the Law

Showdown in the Show Me State – New Hemp Executive Order Sparks Litigation and Subsequent Clarification from MO DHHS

On September 17, 2024, the Missouri Department of Health and Senior Services (“DHSS”) published a letter clarifying its enforcement policy concerning certain psychoactive hemp products that were the target of recent executive...more

Faegre Drinker Biddle & Reath LLP

Fast-Approaching Extended Producer Responsibility (EPR) Deadlines: Colorado’s EPR Requirements and Registration

Extended producer responsibility (EPR) is an environmental policy enacted by several states,1 which extends a manufacturer’s responsibility for its product’s packaging materials to the end of the product’s life cycle....more

Orrick, Herrington & Sutcliffe LLP

CFPB faces new constitutionality challenge under funding mechanism

Recently, a Texas-based payday lender (the defendant) filed a motion to dismiss in the U.S. District Court for the Northern District of Dallas, challenging the legality of the CFPB’s funding structure. As previously covered...more

Orrick, Herrington & Sutcliffe LLP

Bank faces class action over its overdraft fee practices

Recently, a bank customer and his business filed a class action complaint in the Stamford-Norwalk Judicial District Superior Court against a Connecticut-based bank alleging that bank engaged in unlawful business practices to...more

Orrick, Herrington & Sutcliffe LLP

NYC issues new rules for debt collectors

On August 12, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Adoption regarding amendments to debt collection rules. According to the DCWP, the amendments, effective December 1, will...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

Dorsey & Whitney LLP on

​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Osano

All About the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA)

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Starting January 1, 2026, businesses operating in Rhode Island will need to comply with the Rhode Island Data Transparency and Privacy Protection Act, a mouthful of a law abbreviated as RIDTPPA. (Not exactly catchy, is it?)...more

Integral Consulting Inc.

New Hampshire PFAS Bill Signed into Law

On August 2nd, Governor Chris Sununu of New Hampshire signed into law House Bill 1649, which bans the sale of certain products with intentionally added PFAS effective January 1, 2027. Per- and polyfluoroalkyl substances...more

Venable LLP

At NAD Conference Federal Trade Commission’s Holyoak and Levine Share Contrasting Perspectives on the Agency’s Role

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At this week’s National Advertising Division Annual Conference, FTC Commissioner Melissa Holyoak and FTC Bureau of Consumer Protection Director Samuel Levine presented starkly different perspectives of the agency....more

Jackson Lewis P.C.

Failure to Safeguard, Two Cyber Intrusions, and an $850,000 SEC Settlement

Jackson Lewis P.C. on

Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use. Failure to comply with such obligations can lead to significant financial and reputational harm. In a...more

BCLP

Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties

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In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more

Husch Blackwell LLP

Congress Moves Forward on Lithium-Ion Battery Legislation

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As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some...more

Baker Botts L.L.P.

23andMe’s $30M Settlement: What It Means for Companies Handling Genetic and Genomic Data

Baker Botts L.L.P. on

The recent $30 million settlement between 23andMe and 6.4 million users following a major data breach offers important lessons for businesses dealing with sensitive genetic and genomic information....more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - September 2024 # 3

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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

Fenwick & West LLP

FDIC Proposes More Oversight on Custodial Deposit Accounts

Fenwick & West LLP on

On September 17, the Federal Deposit Insurance Corporation (FDIC) proposed a new rule that would significantly impact the risk management and oversight requirements for bank-fintech arrangements. This proposal comes in...more

Alston & Bird

Consumer Finance State Roundup

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The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from four states: Delaware:  Effective August 9, Senate Bill 245 amends mortgage foreclosure provisions of...more

Cozen O'Connor

State Attorneys General Signal Broadening Efforts to Protect Youth on Digital Platforms

Cozen O'Connor on

The National Association of Attorneys General (NAAG) and its current President, Oregon AG Ellen Rosenblum, hosted the Presidential Initiative Summit earlier this month entitled America’s Youth: AGs Looking Out for the Next...more

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