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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Nelson Mullins Riley & Scarborough LLP

When Did You Last Review Your Consumer Contracts?

A CFPB Circular from June bears additional scrutiny from across the financial services spectrum. Despite most courts allowing “savings” clauses in contracts, the Consumer Financial Protection Bureau (CFPB) indicates that the...more

Robinson+Cole Data Privacy + Security Insider

Effective October 1st: Montana’s New Consumer Data Protections Law

On Tuesday this week, Montana’s new consumer protections law took effect, joining many other states with similar consumer privacy rights legislation....more

Robinson+Cole Data Privacy + Security Insider

CPPA’s Cooperation with International Data Protection Authorities

Across Europe and other countries, there are numerous data protection authorities with differing goals and enforcement powers. Until 2020, when the California Privacy Rights Act (which amended the California Consumer Privacy...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Prohibiting State Banks and Credit Unions from Charging NSF Fees

On September 24, the Governor of California signed AB 2017 (the “Act”) into law. The Act prohibits state-chartered banks and credit unions from charging consumers non-sufficient fund fees (“NSF fees”) when they initiate...more

Bradley Arant Boult Cummings LLP

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more

Sheppard Mullin Richter & Hampton LLP

DFPI Cracks Down on Illegal Student Loan Debt Relief Practices

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Sheppard Mullin Richter & Hampton LLP

Credit Repair Company Fined $50M for Misleading Consumers

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Perkins Coie

AB 2013: New California AI Law Mandates Disclosure of GenAI Training Data

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In the last 30 days, California Governor Gavin Newsom signed 17 artificial intelligence (AI) bills and vetoed AI safety bill SB 1047. One of the AI-related bills signed into law, AB 2013 “Generative Artificial Intelligence:...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Guidelines for Medical Debt Collection

On October 1, the CFPB issued an advisory opinion highlighting that debt collectors engaging in certain practices with respect to the collection of medical debts are strictly liable under the FDCPA and Regulation F....more

Perkins Coie

Implications of California Governor Newsom’s Veto of AI Safety Bill SB 1047

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Governor Gavin Newsom has vetoed SB 1047, the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, marking a significant development in California’s approach to AI regulation. Both the tech industry and...more

Kelley Drye & Warren LLP

Texas AG Sues TikTok in First Lawsuit Brought Under SCOPE Act

Earlier this week, we described Texas’s new youth privacy law, the Securing Children Online Through Parental Empowerment (SCOPE) Act, and previewed that the Texas Attorney General is likely to use it to target social media...more

Hogan Lovells

Retail and fashion team joins industry leaders at Vogue Business Fashion Futures event in New York City

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Partner Meryl Bernstein, senior associate Rachel Shelbourne, and associate MK Barker attended Vogue Business Fashion Futures in New York City on September 26, 2024, where experienced retail executives, fashion start-up...more

Troutman Pepper

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

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The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases seven enforcement actions for August 2024

On September 27, the FDIC released a list of eight administrative enforcement actions, like cease and desist orders or stipulated orders, taken against banks and individuals in August. The public orders comprised of seven...more

Seyfarth Shaw LLP

Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule

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On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No....more

DLA Piper

California Adds Teeth to PFAS Laws Covering Juvenile Products, Textiles, and Food Packaging

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On September 29, 2024, California Governor Gavin Newsom signed into law AB 347, adding comprehensive registration, certification, and enforcement provisions to California’s existing and forthcoming restrictions on the use of...more

Orrick, Herrington & Sutcliffe LLP

Banks each pay $1M to FDIC for unspecified rewards program issue

Recently, the FDIC ordered two affiliated state nonmember banks to each pay a $1,000,000 civil monetary penalty (orders here and here). These penalties resolve claims of unfair practices related to their rewards programs and...more

Knobbe Martens

Falsely Claiming Patent Protection May Violate the Lanham Act

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Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate...more

Alston & Bird

The UK Introduces a New Reimbursement and Compliance Monitoring Regime for Authorised Push Payment Scams

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Our UK Financial Services Group examine the UK’s new mandatory reimbursement rules that will require payment service providers (PSPs) to reimburse victims of scam transactions....more

Kilpatrick

New State EPR Laws Regulate Manufacturers, Brand Owners, and Others Who Control Packaging Materials; Registration Required in...

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Does your company produce products or packaging that ultimately winds up in landfills? If so, are you aware that you may be defined as a “producer” under new state laws and required to comply with new regulations to reduce...more

BCLP

Understanding Consumer Law when Conducting Influencer Marketing Campaigns in the EU and UK

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Long gone are the days where brands could rely simply on purchasing advertising space in newspapers or investing in eye-catching brochures to display their products. Now, the world is their oyster with the advance of the...more

Hudson Cook, LLP

Federal Consumer Protection Laws In Rental Property Management

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The Federal Trade Commission (FTC) announced a groundbreaking settlement with Invitation Homes, a large single-family rental home owner/operator, on September 24. ...more

Goodwin

CFPB Issues Guidance Emphasizing the Importance for Banks to Maintain Sufficient Proof of Customers’ Affirmative Consent to...

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In recent discussions surrounding banking practices, the issue of overdraft fees, particularly for ATM and one-time debit card transactions, has gained significant attention....more

Cozen O'Connor

The State AG Report – 10.03.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •New California Law Gives Teeth to Flavored Tobacco Ban - ...more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

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