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Consumer Protection Updates

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

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

OTA & Travel Distribution Update - Nov. 10th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending November 10, 2017 is below. Senator Kobuchar’s recent request for an DOJ and FTC investigation into OTAs’ purportedly anti-competitive practices leads this...more

CFPB’s Arbitration Rule Dies at Hands of Senate and President

by Goodwin on

Three months after the U.S. House of Representatives voted on July 25, 2017 to block the Consumer Financial Protection Bureau’s (CFPB) Arbitration Rule, the U.S. Senate followed suit. On October 24, 2017, the Senate passed a...more

Regulators Share Agendas and Insight on Consumer Protection Enforcement - Highlights from "Navigating the 'Age of Uncertainty'...

by Holland & Knight LLP on

Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more

#MarketingLaw – Fake News, Auto-Renewal Subscription Plans, Influencers and the Latest from the FTC

by Dorsey & Whitney LLP on

We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more

FTC Steps Up Scrutiny of Social Media Marketing

The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements. According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two...more

House Financial Services Committee approves “Madden fix” bill

by Ballard Spahr LLP on

A bill to provide a “Madden fix” and three other bills relevant to mortgage lenders were included among the more than 20 bills approved by the House Financial Services Committee on November 15, 2017. With the exception of...more

CFPB to seek OMB approval for testing of overdraft disclosures

by Ballard Spahr LLP on

The CFPB has published a notice in the Federal Register announcing that it plans to seek OMB approval to conduct online testing of ATM/overdraft disclosures with 8,000 individuals. Comments are due on or before January 16,...more

Judge Bencivengo Refuses to Change Her Stripes - District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of...

by Dorsey & Whitney LLP on

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated on Thursday that she is not going to change her...more

CFPB submits request to conduct online debt collection survey to OMB

by Ballard Spahr LLP on

The CFPB has published a notice in the Federal Register that it has submitted to OMB its request to conduct an online survey of 8,000 individuals as part of its research on debt collection disclosures. Comments must be...more

Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment

by BakerHostetler on

On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that...more

FDA Publishes Supplemental Guidance on Menu Labeling for Chain Restaurants

by McDermott Will & Emery on

On November 7, the US Food and Drug Administration (FDA) published the latest in a series of industry draft guidance documents to help implement menu labeling and nutrient disclosure regulations applicable to chain...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

Don’t Play Around With Disclosures, CARU Tells Toy Channel

In a recent decision, the Children’s Advertising Review Unit (CARU) called for more prominent disclosures of ad content on a child-directed YouTube channel....more

Keep It Concrete, Ad Groups Urge FTC

In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when...more

Consent Issues Preclude Certification of TCPA Class Action

Takeaway: A March 2017 D.C. Circuit decision excluding solicited faxes from the scope of the TCPA may spell trouble for class action plaintiffs. The Northern District of Illinois recently ruled that, at least where there is...more

Window on Washington - Vol. 1, Issue 35

by Clark Hill PLC on

Ryan Hints at Short-Term Spending Bill: Speaker Paul Ryan (R-Wis.) on Tuesday said Republicans might need a short-term spending bill to prevent a government shutdown on December 9. Ryan said the House GOP's goal is to pass a...more

House Committee Approves Bills that Would Repeal Conflict Minerals and Mine Safety Disclosure Requirements

by White & Case LLP on

On November 15, 2017, the House Financial Services Committee (the "Committee") approved two pieces of legislation that would repeal the conflict minerals and mine safety and health disclosure requirements promulgated under...more

Artificial Intelligence: Expectations of the IT Department

by Morgan Lewis on

Artificial intelligence (AI) is the hot topic on everyone’s mind. Technology providers are researching and developing how they can exploit AI, companies in a wide range of industries are seeking to understand how AI will...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 8

Sales of VIX-Linked ETPs – Back to Basics for FINRA - FINRA used a misselling case to remind member firms of certain fundamentals, including the importance of implementing a new product approval process, reasonable...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

DealBook’s Common Sense column takes a look at the AT&T/Time Warner deal and the “battle lines” forming for an “epic” antitrust battle, in spite of the vertical nature of the merger (the companies don’t compete in any...more

Overview of the Tenant Fees Bill 2017

by Dentons on

As part of the government's drive to improve transparency and fairness within the lettings market, the Tenant Fees Bill has recently been introduced in Parliament. A key provision of the Bill is the prohibition on landlords...more

CFPB's Financial Data Sharing Principles Impose New Burdens On Financial Institutions

by Pepper Hamilton LLP on

The Consumer Financial Protection Bureau (CFPB) recently published nine “principles” and an accompanying “insights” report regarding consumers who have authorized financial data sharing and aggregation (especially with...more

CFPB final payday/auto title/high-rate installment loan rule published in Federal Register

by Ballard Spahr LLP on

The CFPB’s final payday loan rule was published in today’s Federal Register. Lenders covered by the rule include nonbank entities as well as banks and credit unions. In addition to payday loans, the rule covers auto title...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

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