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UDAP

Kelley Drye & Warren LLP

Recycling Old Tricks: State AGs Probe Plastics Industry Collusion in Latest ESG Probe

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This month, the attorneys general of Florida, Texas, Iowa, Nebraska, and Montana sent letters to various environmental groups expressing ​“collective concern” about potentially anti-competitive recycling practices....more

Kelley Drye & Warren LLP

Pennsylvania Settles with Mail Order Subscription Business – Again

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On the heels of the TFG Holdings multistate settlement last month, Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with collectibles company American Mint LLC regarding its subscription practices....more

Troutman Pepper Locke

State AGs Urge SEC to Preserve State Authority in Crypto Regulation

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On October 20, a coalition of 21 state attorneys general (AG), led by Iowa AG Brenna Bird, submitted a letter to Securities and Exchange Commission (SEC) Commissioner Hester M. Peirce in response to her February statement...more

Cozen O'Connor

State AGs Are Stepping Up — Is Your Bank Ready for Multistate Scrutiny?

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The CFPB has scaled back some enforcement priorities, and the states have noticed. Certain states – including California, New York, Texas, and Connecticut – are particularly active, pursuing UDAP violations, privacy issues,...more

Ballard Spahr LLP

FTC takes action against Accelerated Debt for running a debt relief scam

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An ex parte temporary restraining order has been issued against the participants in a debt relief services scheme that allegedly targeted seniors, including veterans, using a variety of deceptive practices, including falsely...more

Venable LLP

[Webinar] Untangling Junk Fees and Surcharges: Navigating the Patchwork of Pricing Transparency Laws - July 31st, 3:00 pm - 4:00...

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With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and...more

Ballard Spahr LLP

Eighth Circuit voids FTC ‘Click to Cancel’ rule

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A federal appeals court has nullified the Federal Trade Commission’s amendments to its Negative Option Rule intended to make it easier for people to cancel subscriptions....more

Loeb & Loeb LLP

23andMe Bankruptcy Sparks Data Privacy Concerns. Should It?

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In the legal industry, handling business transactions is part of our daily routine. Managing the transfer of personal data during acquisitions, sales, mergers or bankruptcy proceedings has become second nature to us. We...more

Loeb & Loeb LLP

23andMe Bankruptcy: The Privacy Ombudsman’s Report

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The court-appointed Consumer Privacy Ombudsman (CPO) in the 23andMe bankruptcy last month released a 200-plus-page report assessing the privacy implications of the proposed sale of 23andMe’s assets as part of its Chapter 11...more

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

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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

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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

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