Podcast - The Digital Marketplace: The FTC's Focus on Fair Online Transactions
Consumer Finance Monitor Podcast Episode: How to Use the Restatement of Consumer Contracts - A Guide for Judges
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
Do you sell goods or services online? Do you have customers in California? If so, you may be a target of claims under the “Yelp Law,” a statute residing at the intersection of good intentions and bad drafting....more
California's Senate Bill 940 (SB 940), which was signed into law at the end of 2024 and introduces new requirements for arbitration agreements in consumer contracts, amends the California Code of Civil Procedure § 1283.05...more
In October 2025, California Gov. Gavin Newsom signed into law multiple new pieces of legislation with the goal of strengthening consumer protections in California and alleviating financial burdens on working families....more
New Jersey AG Matthew J. Platkin and the Division of Consumer Affairs announced a $2.8 million settlement with MV Realty PBC, LLC and affiliates (collectively, “MV Realty”), resolving a 2023 lawsuit alleging that the company...more
Last month, a group of 34 state attorneys general—led by D.C, Maryland, Pennsylvania, and Texas—settled with TFG Holdings, a company known for brands such as JustFab and Shoedazzle, concerning its subscription practices. The...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an update on Federal Trade Commission (FTC) actions in the digital commerce space. Mr. DiResta discusses the FTC's core concerns...more
In today's digital commercial society, consumer agreements are commonly established online. Often, a single click of a button confirms the relationship between parties, and online operators should ensure agreements are both...more
Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts Attorney General’s Office, recently joined a Kelley Drye webinar to unpack the Commonwealth’s new junk fee and auto-renewal regulations and walk...more
On September 25, in a landmark resolution that underscores the FTC’s renewed focus on digital consumer protection, Amazon agreed to pay $2.5 billion—including a $1 billion civil penalty and $1.5 billion in consumer...more
On October 10, California Governor Newsom signed Assembly Bill 483 (AB 483) into law, introducing new regulations on early termination fees in fixed term installment contracts. This legislation applies to contracts entered...more
Sometimes consumers rush to court to sue a business when they should have instead gone to arbitration. Consumers may overlook that the business’s terms and conditions required them to arbitrate their claims. The result is an...more
California SB 82 — a bill that seeks to end “infinite” arbitration clauses and limit the scope of consumer arbitration agreements to the “use, payment, or provision of the good, service, money, or credit provided by that...more
Nowadays, arbitration agreements are ubiquitous in the consumer finance context; some studies indicate that more than 90% of certain consumer contracts contain mandatory arbitration agreements. Over the years, many states and...more
Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike....more
While much focus has recently been paid to the Massachusetts Attorney General's "junk fee" regulation, which includes newly effective negative option requirements, focus on automatic renewal cancellation policies remains a...more
When the FTC’s “Click to Cancel” Rule (otherwise known as the revised Negative Option Rule), was in litigation in July 2025, we predicted the FTC was likely to instead focus on enforcing the Restore Online Shoppers Confidence...more
Earlier this year, the Ninth Circuit addressed assent standards in Godun v. JustAnswer, LLC, 135 F.4th 699 (9th Cir. 2025). While Godun confirmed the two-part test previously articulated by California courts (conspicuousness...more
Effective September 2, 2025, the Massachusetts Attorney General implemented new regulations prohibiting “junk fees” and deceptive pricing. This new regulation establishes standards for governing the imposition of fees in...more
The Federal Trade Commission announced a settlement with an education technology provider alleged to have violated the Restore Online Shoppers' Confidence Act (ROSCA) by failing to provide consumers with a simple mechanism to...more
Over the past few decades, arbitration agreements have become increasingly common in contracts between corporations, workers and customers. In fact, you’ve likely agreed to one in signing a generic consumer agreement or by...more
Introduction On 1 August 2025, the UK Supreme Court delivered its judgment in Hopcraft and another v. Close Brothers Limited, a case with far-reaching implications for retail financial services at large....more
As part of our AG webinar series, we had the opportunity to speak with consumer protection enforcers from the State of Hawaii. Our guests—Christopher J.I. Leong, Supervising Deputy Attorney General in the Commerce and...more
On August 27, an Illinois appellate court affirmed a trial court’s denial of a motion to compel arbitration in an FDCPA class action. The case involved a 2022 collection email about a charged-off account originally opened...more
Michigan may be joining a growing number of states in tightening regulations around automatic renewal provisions in consumer contracts. On August 27, 2025, the Michigan House introduced HB 4826, a bill aimed at strengthening...more