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

New Jersey Regulates Intoxicating Hemp Products

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Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more

Cozen O'Connor

CFPB Warns Banks Against Use of Phantom Opt-In Agreements

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The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom...more

Troutman Pepper

CFPB’s Latest FAQs Broaden Interpretive Rule for Pay-in-Four BNPL Products

Troutman Pepper on

On September 18, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a set of frequently asked questions (FAQs) providing guidance on applying Regulation Z requirements to Pay-in-Four Buy Now, Pay Later (BNPL)...more

Ballard Spahr LLP

CFPB to host ‘first look’ at nonbank enforcement order registry

Ballard Spahr LLP on

The CFPB has scheduled two sessions to provide a preview of its nonbank enforcement order registry. The virtual-only discussions are scheduled for September 30 and October 9. Both sessions will feature the same content....more

Kilpatrick

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

Kilpatrick on

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

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Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

Cozen O'Connor

CFPB Settles With Navient Over Allegedly Deceptive Student Loans

Cozen O'Connor on

The CFPB settled with student loan servicer Navient Corporation and related entities (collectively, “Navient”) to resolve allegations that its unfair and deceptive service of student loans violated the Consumer Financial...more

Health Care Compliance Association (HCCA)

Privacy Briefs: September 202

The HHS Centers for Medicare & Medicaid Services (CMS) and Wisconsin Physicians Service Insurance Corporation (WPS) are notifying 946,801 people whose protected health information or other personally identifiable information...more

Cozen O'Connor

PA AG Launches Online Portal for Data Breach Reporting

Cozen O'Connor on

Pennsylvania AG Michelle Henry announced the launch of an online portal to report data breaches ahead of the effective date of recent amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA)....more

Cozen O'Connor

D.C. AG Settles with Home Flipping Company That Allegedly Took Advantage of Homeowners

Cozen O'Connor on

District of Columbia AG Brian Schwalb settled with Curbio, Inc., to resolve allegations that it deceptively marketed and sold contracts for pre-sale home improvements in violation of the District’s consumer protection laws....more

Cozen O'Connor

FTC Secures Judgment Against Companies for Allegedly Defrauding Consumers in Credit Card Laundering Scheme

Cozen O'Connor on

The FTC settled with Legion Media, LLC, KP Commerce, LLC, and Sloan Health Products, LLC and related individuals and entities to resolve allegations over unauthorized billing schemes for sales of CBD and keto products in...more

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

Woods Rogers on

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

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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

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​​​​​​​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

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