Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
OK at Work: Navigating Customer Terms and Usage
Consumer Finance Monitor Podcast Episode: A Look at the FTC’s Click-to-Cancel Rule, with James Kohm, Associate Director of Enforcement Division of the FTC’s Bureau of Consumer Protection
Consumer Finance Monitor Podcast Episode: A Look at a New Approach to Consumer Contracts
Consumer Finance Monitor Podcast Episode: Reasons Why the CFPB Should Deny the Petition for Rulemaking on Post-Dispute Consumer Arbitration Agreements
On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA). Bill 4 passed second reading on March 3, 2025. If enacted as proposed,...more
What happens in California, stays in California. Our Class Action Team examines a new California law that keeps California consumers’ arbitration proceedings in California....more
On March 11, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to compel arbitration in two class-action lawsuits. The decision potentially has far-reaching implications for the...more
Financial services companies may feel relief from the aggressive federal oversight and regulation that defined the past decade. However, regulatory risk has not disappeared—it has shifted. ...more
Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more
A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more
Our special guest is David Horton, Professor of Law at the University of California, Davis, who has written a creative and thought-provoking article analyzing how courts should interpret certain key provisions that are...more
The landscape of consumer financial services is shifting, driven by a broader deregulatory trend at the federal level. In this environment, companies must still address federal consumer financial law compliance and navigate a...more
On February 25, 2025, the British Columbia government introduced Bill 4, the Business Practices and Consumer Protection Amendment Act, 2025 (Bill) for the stated purpose of protecting people from “unfair contract terms” and...more
Mass arbitration is posing significant challenges for businesses, as it creates a new battleground in dispute resolution with the potential to overwhelm companies with a flood of simultaneous claims. Consumer-facing companies...more
On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or...more
Florida Attorney General’s Office has secured a permanent injunction against MV Realty PBC, LLC and affiliates (collectively, “MV Realty”) prohibiting it from enforcing certain real estate agreements that the court concluded...more
Le 22 janvier 2025, le gouvernement du Québec a publié un projet de règlement visant à modifier le Règlement d’application de la Loi sur la protection du consommateur existant. Selon les commentaires du gouvernement du Québec...more
On January 22, 2025, the Government of Quebec published a draft Regulation to amend Quebec’s existing Regulation respecting the application of the Consumer Protection Act. According to comments from the Government of Quebec...more
Stronger consumer protections demand compliance or face penalties - Why should I read this? Subscription contracts, common in digital markets, have faced criticism as many consumers forget to cancel their free trials and...more
On 3 February 2025, the UK Government responded to a petition (filed by video games users) for the UK government to update existing consumer law to prohibit video games publishers from retiring/disabling video games (and...more
The Greek philosopher Heraclitus is credited with the maxim, “The only constant in life is change.” Suffice it to say: automatic renewal laws (ARLs) are no exception. As subscriptions and memberships for goods and...more
Starting this year, there are a swath of new state and federal consumer protection laws that have already or will soon go into effect, impacting a broad range of businesses across industry types. Whether you are an...more
A curated seasonal wardrobe delivered directly to your door, the return to a jam-packed gym, personally proportioned fresh weekly meals, a coffeemaker and a new pair of sneakers shipped within an hour, or a trial run on the...more
On January 8, the FTC finalized an order requiring a tax preparation company to implement the terms of a settlement and mandating the company pay $7 million to compensate consumers affected by the company’s practices...more
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss strategies for both the terms and usage of customer contracts. Listen to learn more....more
On January 13, 2025, the CFPB announced a proposed rule aimed at prohibiting companies from including in consumer agreements terms that operate to waive consumers’ legal rights, allow companies to unilaterally change key...more
On January 13, 2025, the Consumer Financial Protection Bureau (CFPB) announced that it proposed a rule (the Proposed Rule) seeking to ban certain terms and conditions in agreements for consumer financial products or services...more
Earlier this week, the CFPB issued a proposed rule. Among other things, the proposed rule would “forbid covered persons from including in their consumer contracts any terms or conditions that purport to waive substantive...more
Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer...more