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UDAP

Sheppard Mullin Richter & Hampton LLP

FHFA Rescinds UDAP Oversight Bulletin and SPCP-Based Renter Protections

The Federal Housing Finance Agency (FHFA) has taken two significant deregulatory steps affecting its oversight of the government-sponsored enterprises, Fannie Mae and Freddie Mac (GSEs). The agency rescinded a 2024 advisory...more

Kelley Drye & Warren LLP

New York AG Settles with School Calendar App, Saturn

This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more

Troutman Pepper Locke

OCC Releases Updated UDAAP Supervision and Examination Procedures Booklet

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On December 3, the Office of the Comptroller of the Currency (OCC) issued version 1.1 of the “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or Practices” booklet of the Comptroller’s Handbook,...more

Foley & Lardner LLP

Office of the Comptroller of the Currency Updates “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or...

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Financial institutions that are regulated and supervised by the Office of the Comptroller of the Currency (OCC) should know that the OCC has recently updated its booklet on Unfair or Deceptive Acts or Practices (UDAP) and...more

Cozen O'Connor

NAAG Consumer Protection Conference Examines Social Engineering Scams, Connected Devices, and Generative AI

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On September 30, the National Association of Attorneys General (NAAG) held its annual Fall Consumer Protection Conference in Washington, DC. The public portion of the conference was attended by participants from 47 state...more

Eversheds Sutherland (US) LLP

FTC says (uninformed) silence is not assent: “Click to cancel” final rule is here

On October 16, 2024, and by a 3-2 vote of its commissioners, the Federal Trade Commission (FTC) issued a broad-reaching final “click to cancel” rule (Rule), updating its Negative Option Rule, that could subject companies to...more

Sheppard Mullin Richter & Hampton LLP

Credit Repair Company Fined $50M for Misleading Consumers

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Fox Rothschild LLP

Data Sharing and the Automotive Industry: What We Are Telling Clients

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There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients? •Personal data is broader than you think: Things like average speed; acceleration events, hard...more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Kelley Drye & Warren LLP

Arkansas AG Files Suit, Labels Temu a Data-Theft Business

Tim Griffin, Arkansas Attorney General, did not mince words when he filed a lawsuit against the parent companies of Temu, stating in a press release, ​“Temu is not an online marketplace like Amazon or Walmart. It is a...more

Kelley Drye & Warren LLP

2024 AGA Annual Meeting Wrapup

The Attorney General Alliance (AGA) hosted its 2024 Annual Meeting this June, bringing together State AGs, staff, and industry for discussions on a number of topics important to AGs, including AI (again), nonpartisan...more

Hinch Newman LLP

Ad Agency Liability and the FTC

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Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

Venable LLP

CFPB to Launch Registry of Nonbank Enforcement Actions

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In a move that's sure to make nonbank financial institutions even more uncomfortable, the Consumer Financial Protection Bureau (CFPB) has decided to shine a brighter light on those that have been alleged to violate consumer...more

Troutman Pepper Locke

Maryland's New Privacy Law Shows More Teeth (But Not Necessarily Fangs)

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On May 9, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law, making Maryland the 17th state to enact a comprehensive privacy law. Despite its name, MODPA’s coverage is not limited to...more

Ballard Spahr LLP

Update on Petition to Review FTC’s CARS Rule

Ballard Spahr LLP on

Petitioners in the challenge to the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Rule (“CARS Rule”) filed their Petitioners’ Brief on March 15, 2004 in support of their petition for review, and a who’s who...more

WilmerHale

New York Governor Hochul Seeks to Strengthen and Expand State Consumer Protection Laws

WilmerHale on

In her State of the State address earlier this month, New York Governor Kathy Hochul proposed a significant expansion of New York’s consumer protection laws....more

Sheppard Mullin Richter & Hampton LLP

FTC Approves Compulsory Process for AI-related Products and Services

On November 21, the FTC voted 3-0 to approve the omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using artificial...more

Husch Blackwell LLP

The OCC Issues Bulletin Addressing Buy Now, Pay Later Lending

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What seems to have become a perennial topic for regulators, the Office of the Comptroller of the Currency (OCC) recently released OCC Bulletin 2023-37 to assist national banks and federal savings banks with effectively...more

Hudson Cook, LLP

FTC TurboTax Initial Order Offers Key Advertising Compliance Lessons

Hudson Cook, LLP on

On September 8, 2023, the Federal Trade Commission announced that its administrative law judge had issued an Initial Decision and Order in the FTC's case against Intuit, alleging that the company had deceptively marketed the...more

Ballard Spahr LLP

FDIC Moves to Dismiss Lawsuit Challenging NSF Fee Guidance

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The FDIC has filed motion to dismiss the lawsuit filed in July 2023 in a Minnesota federal district against the FDIC and its Chairman seeking to invalidate the FDIC’s supervisory guidance on charging multiple non-sufficient...more

Sheppard Mullin Richter & Hampton LLP

FTC Judge Orders Tax Filing Software Company to Stop Advertising Products as “Free”

On September 8, the FTC’s Chief Administrative Law Judge (“ALJ”) issued an initial decision finding that a company providing tax filing software services engaged in deceptive advertising practices in violation of Section 5 of...more

Troutman Pepper Locke

Tennessee-Led Coalition of 22 State AGs Sends Warning Letter to Financial Service Providers Committed to “Net-Zero” Emissions

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On September 13, Tennessee Attorney General (AG) Jonathan Skrmetti sent a letter to members of the Net Zero Financial Service Providers Alliance (NZFSPA) warning that their commitment to support “global net zero greenhouse...more

McGlinchey Stafford

Video: Introduction: A Deep Dive into Payments

McGlinchey Stafford on

The world of payments has grown exponentially in recent years. The Consumer Financial Protection Bureau (CFPB) has continued its activity around Unfair or Deceptive Acts or Practices (UDAP), fees, and what the CFPB calls dark...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned from . . . Connecticut Part II

Our State AG webinar series continued with Connecticut Attorney General William Tong and Chief of the Privacy Consumer Protection Section Michele Lucan. In Part I, we discussed Connecticut’s rollout of their new...more

Ballard Spahr LLP

FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”

Ballard Spahr LLP on

On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to...more

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