News & Analysis as of

Proposed Rules Rulemaking Process Unfair or Deceptive Trade Practices

Oberheiden P.C.

Targeting MLMs and Other “Money-Making Opportunity Sellers” Remains an FTC Priority in 2025

Oberheiden P.C. on

Targeting multi-level marketers (MLMs) and other “money-making opportunity sellers” has been among the U.S. Federal Trade Commission’s (FTC) top priorities in recent years. The FTC has pursued several enforcement actions...more

Orrick, Herrington & Sutcliffe LLP

5th Circuit strikes down FTC’s CARS Rule

On February 4, the U.S. Court of Appeals for the Fifth Circuit struck down the FTC’s Combating Auto Retail Scams Trade Regulation Rule (CARS Rule), which aimed to address deceptive practices such as bait-and-switch tactics...more

Sheppard Mullin Richter & Hampton LLP

New York Proposes Limits on Overdraft and NSF Fees

On January 23, 2025 the New York Department of Financial Services (NYDFS) announced proposed regulations to curb overdraft fees and insufficient funds fees charged by banks in New York. The proposed rules aim to protect...more

Katten Muchin Rosenman LLP

CFPB Proposes a New Rule Prohibiting Certain Contractual Terms for Consumer Financial Products

On January 13, the Consumer Finance Protection Bureau (CFPB) published a new proposed rule attempting to ban certain contractual provisions in "take it or leave it" consumer contracts that purport to "waive substantive...more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

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In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more

Orrick, Herrington & Sutcliffe LLP

CFPB withdraws its proposed rule to ban nonsufficient fees

On January 14, the CFPB withdrew its proposed rule prohibiting financial institutions from charging nonsufficient funds (NSF) fees on transactions that are “instantaneously or near-instantaneously” declined. NSF fees are...more

Venable LLP

FTC Issues Proposed Rulemakings Related to Deceptive Earnings Claims

Venable LLP on

As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more

Ballard Spahr LLP

CFPB proposes rule to ban consumer contract terms bureau says limit ‘fundamental freedom’

Ballard Spahr LLP on

The CFPB has published a proposed rule that would ban companies from using contract clauses that the bureau said limit fundamental freedom, including those that waive a consumer’s legal rights and fine print that suppresses...more

BakerHostetler

Comments Hijack ‘Review Hijacking’ Provision of Proposed Rule on Reviews

BakerHostetler on

We’ve written a lot about Federal Trade Commission (FTC or the Commission) Rulemaking recently, but that doesn’t mean there can’t still be new and interesting things that occur. Take, for example, the FTC’s recent...more

Ballard Spahr LLP

FTC issues Fall 2023 rulemaking agenda

Ballard Spahr LLP on

The Federal Trade Commission has released its Fall 2023 rulemaking agenda as part of the Fall 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions....more

Ballard Spahr LLP

Atlantic Union Bank to pay $6.2M for its unlawful overdraft opt-in practices

Ballard Spahr LLP on

On December 7, 2023, Atlantic Union Bank (the “Bank”) entered into a consent order with the Consumer Financial Protections Bureau (CFPB) related to its in-person and telephone overdraft opt-in sales practices during...more

Sheppard Mullin Richter & Hampton LLP

DFPI Issues Proposed Rules for Commercial Financing

On June 24, the California Department of Financial Protection and Innovation (DFPI) issued proposed regulations implementing certain provisions of the California Consumer Financial Protection Law (CFPL) related to commercial...more

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

Benesch on

The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Hogan Lovells

FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities

Hogan Lovells on

The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more

Cozen O'Connor

U.S. Department of Transportation Proposes to Define “Unfair and Deceptive Practices”

Cozen O'Connor on

One of the most significant roles of the U.S. Department of Transportation (DOT) is in protecting airline consumers from “unfair and deceptive practices” and “unfair methods of competition” by air carriers and ticket agents. ...more

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