Brief comment period for FTC’s AI policy statement ends soon

The Federal Trade Commission published a policy statement on artificial intelligence in the Federal Register on July 7. Public comments are due July 31. Formally, the policy statement addresses application of section 5 of the FTC Act “to companies that market AI systems.” Section 5 prohibits unfair and deceptive practices in the marketplace. Every state […]

CFPB Director-Nominee refuses to commit to notifying Congress about White House calls to aid donors

Well, the Senate Banking Committee’s hearing on the nominee for CFPB director was ridiculously short. Senators got only five minutes to ask questions of three nominees for different agencies. How strange that people complain about the CFPB’s lack of accountability and then spend far less time publicly vetting the nominee to lead the Bureau than, […]

Seventh Circuit rejects takings clause challenge to renter-relocation-assistance requirement

In 2021, Chicago enacted the Keep Chicago Renting ordinance, which  requires those who purchase rental properties through foreclosure to (1) negotiate in good faith with existing tenants for a new rental agreement for at least one year, and (2) if the tenant does not sign a new lease, pay the moving tenant a $10,600 relocation […]

What can consumer advocates get out of CFPB nominee Johnson’s confirmation hearing?

I have no inside information about CFPB director-nominee Brian Johnson’s prospects for confirmation, but unless at least one Republican senator on the Senate Banking Committee votes against his confirmation, he will move to a vote by the entire Senate even if every Committee Democrat votes against him. Two Republican members of the Committee–Senators Tillis and […]

Tenth Circuit Finds “Objectively Verifiable” Requirement for FCRA Claims

Without his consent or knowledge, Robbin Ward’s daughter took out a lease in his name. She was later evicted for nonpayment, and the back-rent owed was transferred to a debt collector. The debt collector reported the debt to credit agencies, who noted it on Mr. Ward’s credit report.  Mr. Ward disputed the debt claiming identity […]

Conservative retired judge calls for moving FTC into DOJ

Retired Chief Judge Susan G. Braden, formerly of the United States Court of Federal Claims, has written Quo Vadis—Federal Trade Commission? She argues that the Department of Justice should absorb the FTC. The paper was written before the Court decided Trump v. Slaughter but it anticipated the result. This proposal reminds me of how the […]

Court agrees to delay consideration of CFPB RIF plan

A federal court’s consideration of the Consumer Financial Protection Bureau’s plan to lay off employees is temporarily delayed pending the nomination of a new director. More than a year ago, the National Treasury Employees Union sued the CFPB’s Acting Director Russell Vought and others, seeking to halt the rushed attempt to mass fire employees and […]

Seventh Circuit holds TCPA cause of action does not extend to text messages

Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA) provides a private right of action for any “person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation” of FTC regulations related to “residential telephone subscribers’ privacy rights to avoid receiving telephone solicitations […]