News & Analysis as of

Unfair or Deceptive Trade Practices Enforcement Actions

Federal Reserve Settles with Pennsylvania Bank Over Alleged Deceptive Student Lending Practices

by Goodwin on

On December 6, 2016, the Federal Reserve Board announced that it entered into a consent order with a Pennsylvania bank ordering it to cease and desist deceptive student lending practices, and assessing millions of dollars in...more

CFPB changes direction in enforcement action; Mulvaney names senior advisor

by Ballard Spahr LLP on

A new filing by the CFPB in its action against Nationwide Biweekly Administration Inc. may be an indicator of the enforcement philosophy of Mick Mulvaney, President Trump’s designee as CFPB Acting Director, and how that...more

SEC Files Emergency Action to Halt Alleged ICO Scam

by Perkins Coie on

On Friday, December 1, 2017, the SEC filed an emergency action in federal district court in Brooklyn alleging that Dominic Lacroix and Sabrina Paradis-Roger, both from Quebec, Canada, raised approximately $15 million in a...more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Federal jury convicts operator of payday lenders sued by CFPB and FTC

by Ballard Spahr LLP on

Richard Moseley Sr., the operator of a group of interrelated payday lenders, was convicted by a federal jury on all criminal counts in an indictment filed by the Department of Justice, including violating the Racketeer...more

FTC Steps Up Scrutiny of Social Media Marketing

The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements. According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two...more

State AGs and FTC Combine Forces for Consumer Protection

by Foley & Lardner LLP on

A dozen bipartisan State Attorneys General and the Federal Trade Commission (FTC) recently instigated a medieval siege dubbed “Operation Game of Loans” against alleged student loan relief scams. This coordinated nationwide...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

FTC targets student loan debt relief companies

by Ballard Spahr LLP on

A recent flurry of FTC enforcement activity targeting companies offering student loan debt relief services suggests such companies could be the subject of the announcement scheduled for tomorrow “of a major coordinated...more

Building a Health App? Part 4: Avoiding an FTC Enforcement Action

The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more

State and Local Governments Move Swiftly to Sue Equifax.

by Ballard Spahr LLP on

The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more

Deceptive Business Practices & The FTC Act

by Revision Legal on

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals...more

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

On July 3, 2017, the Federal Trade Commission (FTC) announced that it had settled charges that defendants Blue Global, an operator of dozens of consumer loan lead generation websites, and its founder and CEO, Christopher Kay,...more

Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

by Goodwin on

On July 11, 2017, Texas Attorney General Ken Paxton secured a $25 million judgment and permanent injunction against a portfolio management company and a small law office for violations of the Texas Debt Collection Act, Texas...more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons...more

FTC Enforcement And Why It’s Important

by Fox Rothschild LLP on

Fraud, deception, and unfair business practices are problems all companies and consumers are bound to come across. That is where the Federal Trade Commission (“FTC”) comes in. The FTC enforces federal consumer protection...more

SEC and U.S. Attorney’s Office Bring Action Against Promoter of Bitcoin Store, Inc.

by Perkins Coie on

On June 30, 2017, the SEC and the U.S. Attorney brought parallel civil and criminal fraud charges against Renwick Haddow, the owner of an unregistered broker-dealer entity named InCrowd Equity Inc., and two corporate entities...more

FTC Brings Suit Against Debt Collector for “Phantom Debts”

by Goodwin on

On June 23, 2017, the Federal Trade Commission (FTC) announced?? that it has filed a complaint in the U.S. District Court for the Western District of North Carolina against a North Carolina debt collection company and its...more

New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer

With summer concerts and music festivals in full swing, many fans will be surprised to find $145 face value tickets reselling online for $3,000 to $11,000....more

Healthcare Law Update: June 2017

by Holland & Knight LLP on

Medicaid - Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law - By Eddie Williams - In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more

Navient Attacks CFPB UDAAP Enforcement Without Implementing Rules

by Ballard Spahr LLP on

One of the hallmarks of the CFPB’s enforcement actions has been its use of those actions to announce new legal standards. Navient attacks this enforcement strategy in its motion to dismiss a recent case brought against it by...more

Minnesota AG Secures Judgment Against Debt Collector Over Allegedly Abusive Collection Practices

by Goodwin on

On May 15, 2017, the Minnesota Attorney General’s office (“Minnesota AG”) announced that it obtained a judgment in a lawsuit filed in Minnesota state court against a debt collection company. As a result of the final judgment,...more

FDIC Announces Settlements With Wisconsin Banks Over Lending Violations

by Goodwin on

On May 11, 2017, the Federal Deposit Insurance Corporation (FDIC) announced a settlement with a Wisconsin bank and two affiliated institutions, resolving allegations that the three lenders violated Section 5 of the Federal...more

CFPB Settlements: It’s Not Over Until It’s Over

by Foley & Lardner LLP on

On April 26, 2017, the Consumer Financial Protection Bureau (“CFPB”) broke new ground by imposing a fine – in excess of a million dollars – against a consumer financial services company for allegedly violating the terms of...more

Two CFPB enforcement actions tried in federal court

by Ballard Spahr LLP on

Two enforcement actions filed by the CFPB recently went to trial in federal district court. One of the cases was filed by the CFPB in July 2014 in a Wisconsin federal district court against two law firms and four of the...more

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Cybersecurity

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