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UDAP Unfair or Deceptive Trade Practices

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

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

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

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

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

Ballard Spahr LLP

Pending New York bills would significantly expand UDAP liability and persons entitled to sue

Ballard Spahr LLP on

Two companion bills titled the “Consumer and Small Business Protection Act” have been introduced in the New York legislature would make sweeping changes to the provisions of the state’s general business law (Section 349)...more

Cadwalader, Wickersham & Taft LLP

OCC and FDIC Provide Supervisory Guidance on Certain Overdraft Practices

The Office of the Comptroller of the Currency (“OCC”) and the Federal Deposit Insurance Corporation (“FDIC”) (collectively, the “Agencies”) provided supervisory guidance this week on certain overdraft practices. Of particular...more

Orrick, Herrington & Sutcliffe LLP

FTC finalizes gaming company order on dark patterns

On March 14, the FTC finalized an administrative order requiring a video game developer to pay $245 million in refunds to consumers allegedly tricked into making unwanted in-game purchases....more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Negative Option Rule

On March 23, the FTC announced a notice of proposed rulemaking (NPRM) seeking feedback on proposed amendments to the agency’s Negative Option Rule, which is used to combat unfair or deceptive practices related to...more

Orrick, Herrington & Sutcliffe LLP

District Court allows FTC suit against owners of credit repair operation to proceed

On February 13, the U.S. District Court for the Eastern District of Michigan denied a motion to dismiss filed by certain defendants in a credit repair scheme....more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned from….Tennessee

While seventeen new state attorneys general are now sworn in and getting settled into their offices across the country, consumer protection continues to be the top of their agenda. Enforcement continues to take shape in...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against eye surgery provider

On January 19, the FTC announced an action against an Ohio-based eye surgery provider (respondent) concerning allegations that it engaged in “bait-and-switch” advertising. According to the FTC’s complaint, the respondent...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against investment advisor, cites violations of Notice of Penalty Offenses

On January 13, the FTC announced an action against an investment advisor and its owners concerning allegations that the defendants made deceptive claims when selling their services to consumers. ...more

Orrick, Herrington & Sutcliffe LLP

Senators ask FTC, CFPB to investigate deceptive listing agreements

In December, Senate Banking Committee Chairman Sherrod Brown (D-OH), along with Senators Tina Smith (D-MN) and Ron Wyden (D-OR) sent a letter to the FTC and the CFPB requesting a review of a Florida-based real estate...more

Nelson Mullins Riley & Scarborough LLP

Adding Fuel to the Fire: Is the FDIC Inadvertently Encouraging Lawsuits Against Banks Over NSF Fees?

The Federal Deposit Insurance Corporation (“FDIC”) on August 18, 2022 issued updated Supervisory Guidance on banks assessing multiple re-presentment fees against customers’ accounts. This follows the March 2022 FDIC Consumer...more

Sheppard Mullin Richter & Hampton LLP

FTC Targets Credit Services Company For False “Pre-Approved” Credit Offers

On September 1, the FTC issued an administrative complaint and consent order alleging that a credit services company harmed consumers by making false claims of “pre-approved” credit offers, enticing many consumers to apply...more

Venable LLP

When a Mail Order Rule Case Is Not Just About the Mail Order Rule

Venable LLP on

At the height of the pandemic, the Federal Trade Commission took swift action to stamp out scammers and other actors looking to take advantage of - or simply make a buck off - the crisis. One of the early moves it made was to...more

Cozen O'Connor

Dark Patterns: The Next UDAP Frontier | 2022 NAAG Spring Consumer Protection Conference (Part 2 of 4)

Cozen O'Connor on

The National Association of Attorneys General’s biennial Consumer Protection Conference always provides a fascinating deep dive into the minds and priorities of state attorney general consumer protection staff, and of the...more

Stinson LLP

FDIC Requiring NSF Fee Refunds in Examinations

Stinson LLP on

Last month, the latest class action regarding bank-charged returned payment fees passed a motion to dismiss in Mawyer v. Atl. Union Bank. This comes on the heels of the Federal Deposit Insurance Corporation (FDIC)'s recent...more

Kelley Drye & Warren LLP

Georgia AG’s AVC with Rent-A-Center is a Lesson in State Authority

In late January, Georgia Attorney General Chris Carr reached a settlement with Rent-A-Center regarding a variety of alleged deceptive practices in its rent-to-own business, including in its debt collection and general...more

Ballard Spahr LLP

FTC announces ambitious rulemaking agenda that includes UDAP rules

Ballard Spahr LLP on

The FTC has announced that it plans to move forward on an ambitious rulemaking agenda.  In contrast to the CFPB’s Fall 2021 rulemaking agenda which offered no meaningful insights into the Bureau’s rulemaking plans in many key...more

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