News & Analysis as of

Consumers

Husch Blackwell LLP

Americans’ Growing Appetite for Risk and Shrinking Responsiveness to Potential Product Issues

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Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The...more

Bennett Jones LLP

Differences in Consumer Protection Legislation Continue to Deter National Consumer Protection Based Class Actions

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The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more

Wilson Sonsini Goodrich & Rosati

FCC Issues Notice of Proposed Rulemaking Regarding the Use of AI-Generated Technologies for Consumer Communications

The Federal Communications Commission (FCC) recently issued a unanimous Notice of Proposed Rulemaking and Notice of Inquiry targeting the use of AI-related technologies for communicating with consumers. In the proposed rule,...more

BakerHostetler

Money, Money, Money - How Does the FTC Get Money Back to Consumers?

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For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more

Ankura

Ankura Monthly Economic Indicators Overview - April 2024

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The economy grew at a moderate pace in Q4 2023, with inflation ticking up slightly in March, with core CPI rising 3.8%. U.S. consumer sentiment remains stable, with steady spending despite some pockets of weakness. Disposable...more

McGlinchey Stafford

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

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On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

Shipkevich PLLC

Credit Card Rewards Programs Oversight – The Next Notch in the CFPB’s Payments Space Regulatory Belt

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In another move highlighting the Consumer Financial Protection Bureau's (the “Bureau” or “CFPB”) continued focus on the payments space, the CFPB has issued a new report finding consumers are encountering numerous problems...more

Sheppard Mullin Richter & Hampton LLP

CFPB Targets Credit Card Rewards Programs

On May 9, the CFPB issued a new report highlighting the issues consumers encounter with credit card rewards programs. The report was released in conjunction with a hearing co-hosted with the Department of Transportation and...more

Klein Moynihan Turco LLP

States Revisit Their Continuity Billing Laws

In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was...more

Walkers

Transposition of Credit Servicers Directive in Ireland – Overview

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On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit...more

Sheppard Mullin Richter & Hampton LLP

Colorado Introduces an AI Consumer Protection Bill

Colorado is the latest state to introduce a bill focused on consumer protection issues when companies develop AI tools. The bill imposes obligations on developers and deployers of AI systems. Additionally, the bill provides...more

BCLP

AI Recipe for Success - What Does Responsible Adoption of AI Really Mean in the Context of the Consumer Duty?

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The FCA have stated that firms should “have scope to innovate whilst protecting consumers” – but what does this mean in the context of rapidly developing AI technology? In particular, how does the higher standard imposed by...more

BCLP

Duty Bound - Paved with good intentions? The future of the Consumer Duty

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The intention behind the implementation of the Consumer Duty is commendable. However, as firms seek to comply with the new requirements, there is a real risk that it may drive unintended, negative consequences....more

ArentFox Schiff

Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

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The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more

Cozen O'Connor

AGs Advocate for Implementation of Proposed Menthol Cigarette Ban

Cozen O'Connor on

A group of 21 AGs wrote a letter to the White House Office of Management and Budget asking it to quickly finalize its review of an FDA proposed rule that would ban menthol cigarettes and flavored cigars....more

Sheppard Mullin Richter & Hampton LLP

Bookmark This!: Colorado Launches Universal Opt Out Mechanism List

In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short....more

Ballard Spahr LLP

CFPB Publishes Language Access Plan for Consumers With Limited English Proficiency

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Throughout the past few years, the CFPB has sought input from a range of stakeholders, including community-based organizations and financial institutions, for feedback about how it can improve consumer financial products and...more

Ballard Spahr LLP

CFPB Language Access Plan for Consumers with Limited English Proficiency

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Throughout the past few years, the CFPB has sought input from a range of stakeholders, including community-based organizations and financial institutions, for feedback about how it can improve consumer financial products and...more

Troutman Pepper

FTC Issues Report to Congress on the Fraud Threats Faced by Older Consumers

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On October 18, the Federal Trade Commission (FTC) issued a report to Congress in which it outlined its ongoing efforts to protect older Americans from fraud related losses....more

Ballard Spahr LLP

Debt Management Company to Pay $110k in Refunds to Customers under Agreement with Colorado Attorney General’s Office

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Colorado Attorney General Phil Weiser announced a recent agreement between Florida-based debt management company Touchstone Partners, Inc. and the Colorado Department of Law in resolution of Touchstone’s violations of the...more

Katten Muchin Rosenman LLP

FTC Unveils Sweeping Rule to Tackle 'Junk Fees' and Redefine Consumer Pricing Transparency - Kattison Avenue | Issue 11

In response to the Biden administration's resounding call for more transparency in consumer pricing, the Federal Trade Commission (FTC) has unveiled a proposed rule on "junk fees," setting the stage to significantly impact...more

Sheppard Mullin Richter & Hampton LLP

CFPB Report: Credit Card Companies Charged Consumers $130B in Interest and Fees

On October 25, the CFPB released its sixth biennial report to Congress as required under the Credit Card Accountability Responsibility and Disclosure Act (CARD Act). The report found that in 2022 credit card companies charged...more

Cornerstone Research

Ad Avoidance in False Advertising Consumer Class Actions

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In consumer class actions involving allegations of deceptive or false advertising, plaintiffs may allege that a company misrepresented benefits or omitted information about a product in advertisements. In these cases,...more

Davis Wright Tremaine LLP

First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under...more

Cornerstone Research

5 Questions with Donna Hoffman: How Technology Is Changing the Consumer Experience

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A periodic feature by Cornerstone Research, in which our affiliated experts, senior advisors, and professionals, talk about their research and findings. We interview Professor Donna Hoffman of the GW School of Business at...more

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