Author Archives: Adam Pulver

FTC settles deceptive advertising and subscription claims with Care.com

Care.com is an online platform that matches child and older adult caregivers with consumers looking to hire such caregivers. In a federal court complaint filed yesterday, the FTC alleges that Care systematically deceived caregivers who were looking for jobs while failing to give families seeking care a simple way to cancel their paid memberships, in […]

Sixth Circuit Rejects Informational Injury Standing Theory under FCRA

Since the Supreme Court’s decision in TransUnion LLC v. Ramirez, many consumers have been unable to obtain relief for violations of their statutory rights under the Fair Credit Reporting Act. Yesterday’s decision by the Sixth Circuit in Merck v. Walmart, Inc. is another case in that line. The plaintiff, Thomas Merck, had been extended a job […]

CFP Act and Ratification post-Seila back at the Supreme Court

In March, I blogged about the Third Circuit’s decision in CFPB v. National Collegiate Master Student Loan Trust, a long-running enforcement action brought by the CFPB against investment trusts that were created for the purposes of acquiring and servicing student loans, seeking to enforce civil investigative demands. The trusts have now filed a petition for […]

11th Circuit holds car rental “jackets” are part of contracts

Often, consumers are arguing that they cannot be bound to certain terms because they never saw them, or lacked a sufficient opportunity to review them, before entering into a relationship with a business. Today, the Eleventh Circuit addressed a different scenario — where a company was arguing that the terms and conditions it presented to […]

Fourth Circuit Addresses Applicability of TILA and RESPA to HELOCs

A home equity line of credit, or “HELOC,” is a loan product that allows a consumer to borrow money, using their equity in their home as collateral. William Lyons had taken out a HELOC from a predecessor to PNC Bank. Years later, PNC withdrew money from Lyons’ deposit account to offset outstanding payments on the […]

FTC Issues Rule Banning Fake Reviews and Testimonials

Finalizing a rulemaking began in November 2022, the FTC yesterday unanimously approved a rule that (1) prohibits fake or false consumer reviews and testimonials, including those generated by AI and influencers; (2) prohibiting businesses from paying consumers for reviews based on their expressing a particular sentiment; (3) requiring reviews and testimonials written by company insiders […]

No standing for FDCPA case after arbitration; now what?

In 2018, a consumer brought a putative FDCPA  class action based on a letter naming the collection arm of her credit card company, rather than the credit card company itself, as the “current/original creditor.”  A federal district court granted the defendant’s motion to compel arbitration, and the parties arbitrated the dispute. After 4 years of […]

Washington Supreme Court holds state consumer protection law can apply to price gouging

In 2021, a group of consumers sued Amazon, alleging that Amazon violated Washington’s Consumer Protection Act  “by charging consumers grossly inflated and thus ‘unfair’ prices during the COVID-19 pandemic.” A federal district court certified to the Washington Supreme Court whether the state law’s “prohibition on “unfair” acts or practices comprehend a price gouging claim of the […]

CFPB Releases Advisory Opinion and Report on Contract for Deed financing

Today, the CFPB released a report about a form of home seller financing called “contract-for-deed” financing, under which  the seller agrees to turn over a home’s deed only after the buyer completes a series of payments. The report found that such deals often involve inflated home prices, high interest rates, and balloon payments — and […]

Wisconsin Tribe’s 600% APR Online Loans Leads to Proposed $1b Settlement

Today, ProPublica published a story about the lending activity of the Lac du Flambeau Band of Lake Superior Chippewa Indians, a Wisconsin tribe whose various companies generated  than 2,200 consumer complaints to the FTC since 2019 — more than any other tribe in recent years. The Tribe’s affiliated entities regularly issued online loans with annual […]