In 2023, New York adopted a law prohibiting the sale of over-the-counter diet pills or dietary supplements “for weight loss or muscle building” to anyone under age 18. It defined the covered supplements as those “labeled, marketed, or otherwise presented for the purpose of achieving weight loss or muscle building.” Under the name “Council for […]
The debt collection industry, through its trade group ACA International and Fresno Credit Bureau, sued a Colorado official this week, seeking to nullify a state law that stops medical debt from being included on consumer credit reports. The debt collectors claim that the Colorado law is preempted by the Fair Credit Reporting Act (FCRA), the […]
In 2024, the CFPB issued a rule requiring financial institutions to share a consumer’s personal financial data with other providers at no cost, upon the consumer’s request. Members of the banking industry sued. After the change in administration, the CFPB informed the court it agreed with industry that the rule exceeded the agency’s authority, and […]
As previously discussed on this blog, in January 2025, the Fifth Circuit upheld the Department of Transportation’s authority to promulgate rules under 49 U.S.C. s. 41712, which authorizes the Secretary of Transportation to “order…air carrier[s]” to stop unfair or deceptive practices, or unfair methods of competition in air transportation. The Fifth Circuit granted a petition […]
Nicholas R. Parrillo of Yale has written Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have. Here’s the abstract: For some large and powerful industries, it has long been normal and even routine for businesses to sue their federal regulator. For other […]
In May 2025, the CFPB rescinded a 2022 interpretive rule, which had expressed the agency’s view that the Fair Credit Reporting Act’s preemption provision has “a narrow sweep,” which allows for substantial State regulation of consumer reports and consumer reporting agencies. Today, a new interpretive rule appeared for public inspection at the Federal Register, adopting a […]
The D.C. Circuit Court of Appeals denied the Federal Trade Commission’s emergency motion for stay on an injunction that bars the agency from moving ahead with a civil investigative demand (CID) it had issued to nonprofit media watchdog Media Matters. Media Matters sued the FTC in June to quash the CID, alleging that the FTC […]
It’s titled Nickel and Dimed: How Payday Loan Apps Drain Workers’ Pay and How to Stop Them. Here’s CRL’s description: Payday loan apps are designed to be a debt trap – much like storefront payday loans. They both draw borrowers into a pattern of repeated borrowing and a succession of fees that pull from already-stretched paychecks, creating […]
Mark Bartholomew of SUNY Buffalo and Samuel Becher of Victoria University of Wellington have written The End of Shopping. Here’s the abstract: Self-acting “shopping agents” are no longer science fiction. Deployed by major platforms like Google, Amazon, and Walmart, AI systems are evolving from passive advisors to autonomous decision-makers capable of opening accounts, canceling subscriptions, and […]
In the wake of the Supreme Court’s TransUnion decision, courts have grappled with the question of when, if ever, victims of a data breach have suffered a sufficient injury-in-fact to meet Article III standing requirements. In a decision last week, Holmes v. Elephant Insurance, the Fourth Circuit held that some, but not all, of the […]