News & Analysis as of

Unfair or Deceptive Trade Practices Fees

Hudson Cook, LLP

CFPB Sues Credit Card Issuer and its Owner and CEO for Alleged Deceptive Marketing and Improper Fees

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On September 13, 2024, the CFPB filed a lawsuit against the company and its owner and CEO, alleging deceptive and abusive acts and practices in violation of the CFPA and violations of TILA and its implementing regulation....more

Alston & Bird

Strike Force on Unfair and Illegal Pricing Holds First Public Meeting: CFPB Director Highlights Work on Junk Fees

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What Happened? As reported by Alston & Bird’s Antitrust Group, the Federal Trade Commission and the Department of Justice hosted the first public meeting of the Strike Force on Unfair and Illegal Pricing (the “Strike...more

Akerman LLP

Leisure Law Insider (Vol. 3) - Summer 2024

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Welcome to the third edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and...more

Kelley Drye & Warren LLP

State AGs and Junk Fees - Where the Rubber Meets the Road

Junk fees have made, and continue to make, state attorney general headlines with recent actions by Maryland and Rhode Island relating to consumer transportation. The rubber met the road when Maryland Attorney General Anthony...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 20, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Manatt, Phelps & Phillips, LLP

California’s New Pricing Laws Are in Effect: Are You in Compliance?

In October 2023, California passed SB 478, an amendment to the Consumers Legal Remedies Act (CLRA), known as the “Honest Pricing Law” or “Hidden Fees” statute. SB 478 is a broad “all-in” price transparency law that impacts...more

Holland & Knight LLP

The FTC and Connecticut Join Forces for Action Against Nissan Dealer

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC and Connecticut Join Forces for Action Against Nissan Dealer," consumer protection attorney Anthony DiResta discusses a recent action taken by the Federal...more

Davis Wright Tremaine LLP

Beware: Multi-Agency Pricing Task Force

Arising out of a March 2024 meeting of the White House Competition Council, President Biden announced the launch of a Strike Force on Unfair and Illegal Pricing designed "to strengthen interagency efforts to root out and stop...more

Cozen O'Connor

Lawsuit Alleges StubHub’s Drip Pricing is Drowning Consumers in Ticket-Related Fees

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District of Columbia AG Brian Schwalb has filed a lawsuit against StubHub, Inc., an online ticket exchange and resale platform, for allegedly hiding mandatory fees until the end of the purchase process and failing to provide...more

Kelley Drye & Warren LLP

From GrubHub to StubHub: DC Sues StubHub for Deceptive Pricing and Junk Fees

In June, we summarized a number of new and pending laws specifically designed to regulate how companies display prices and fees. Although it’s important for companies to focus on those, we also noted that even in states...more

Venable LLP

Fifth Circuit Grounds Department of Transportation’s Price Transparency and “Junk Fee” Rule

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This week, the Fifth Circuit Court of Appeals issued a stay of the Department of Transportation’s (DOT) price transparency and “junk fee” rule (the Rule or the Final Rule). The ruling effectively blocks the DOT from enforcing...more

Moritt Hock & Hamroff LLP

FTC Accuses Adobe Of Manipulating Customers Into Costly Subscriptions

Customers worldwide use Acrobat, Photoshop, Illustrator and other Adobe software to create content and manipulate images. Now, the Federal Trade Commission (FTC) is accusing Adobe of manipulating customers into subscription...more

Kelley Drye & Warren LLP

California ​“Junk Fee” Statute Now Fully In Play with New Twist from Last Minute Legislation

As we previously reported, the California AG’s office recently provided clarification through FAQs on the California ​“hidden fee” law that amended the Consumer Legal Remedies Act, SB 478. Those FAQs articulated the position...more

BCLP

California Ban on Hidden Fees to Take Effect; Restaurant Exception Passes

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A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more

Alston & Bird

No Easy Way Out? Adobe and Executives’ Subscription Service Focus of FTC Action

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The Federal Trade Commission took action against Adobe and two of its executives. Our Consumer Protection/FTC Team outlines vital takeaways for companies and their executives in light of the FTC’s recent action....more

Kelley Drye & Warren LLP

“Junk Fee” Legislative Roundup

For the past several years, state AGs have been ​“checked-in” when it comes to hidden hotel and resort fees. (Revisit our round-up of AG actions against those fees here). To date, these enforcers have largely relied on their...more

Orrick, Herrington & Sutcliffe LLP

Minnesota amends list of deceptive practices to include hidden fees

On May 20, the Governor of Minnesota approved HF 3438 (the “Act”) which rewrote two sections of Minnesota’s statutes to 1) redefine the scope of engaging in a deceptive trade practice, and 2) indemnify certain exemptions....more

Cozen O'Connor

Internet Provider Sued Over Alleged Junk Fees and Deceptive Marketing

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Connecticut AG William Tong sued CSC Holdings, LLC, the operating subsidiary of the telecommunications company Altice USA, Inc., alleging that the company’s marketing and provision of Internet services to Connecticut...more

Stikeman Elliott LLP

Standing Committee Proposes More (Tough) Changes to the Competition Act: Insights on Drip Pricing, Sale Discounts, Greenwashing,...

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Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with...more

Manatt, Phelps & Phillips, LLP

CFPB Acts Against Mortgage Servicing Fees

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) continued its assault on fees in the consumer finance industry. In its most recent edition of Supervisory Highlights, the CFPB reported that mortgage...more

Sheppard Mullin Richter & Hampton LLP

FTC Calls Out Bill Payment Company’s Use of Dark Pattern Practices

On April 25, the FTC took action against a Washington-based bill payment company and its two co-founders alleging that the company used misleading search ads to impersonate consumers’ billers and deceptive design practices to...more

Troutman Pepper

CFPB Releases Special Edition of its Supervisory Highlights Focusing on Mortgage Servicers’ Alleged “Junk Fees”

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On April 24, the Consumer Financial Protection Bureau (CFPB or Bureau) released a special edition of its Supervisory Highlights report focusing on examinations of the residential mortgage servicing market that were completed...more

Goodwin

California Attorney General Warns California-Chartered Banks and Credit Unions On Surprise Overdraft Fees and Returned Deposited...

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On February 20, 2024, California Attorney General Rob Bonta issued a letter warning California-chartered banks and credit unions with assets under $10 billion that charging surprise overdraft fees and returned deposited item...more

Goodwin

CFPB Issues Circular about Deceptive Marketing Practices in Connection with Remittance Transfers

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Late last month, the Consumer Financial Protection Bureau (CFPB) issued a new Consumer Financial Protection Circular (Circular) which provides guidance about when a remittance transfer provider may be in violation of the...more

Orrick, Herrington & Sutcliffe LLP

FTC to hold an informal hearing on its proposed “junk fee” rules

On March 27, the FTC published a notice in the Federal Register informing the public of its decision to hold an informal hearing on its proposed rule prohibiting “junk fees.” ...more

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