The Federal Reserve Board’s Regulation B implements the Equal Credit Opportunity Act, and prohibits creditors from discouraging, on a prohibited basis, applicants or prospective applicants from making or pursuing an application for credit. In 2020, the CFPB, who now enforces the regulation, brought an enforcement action alleging a lender “discouraged black prospective applicants from applying […]
Author Archives: Adam Pulver
In order to state a claim for deceptive practices, many state consumer protection laws require plaintiffs to prove that the challenged acts or practices are “likely to deceive reasonable consumers.” In an opinion issued today, the Seventh Circuit grappled with the question of what exactly that means. The opinion comes in a class action brought […]
Generally, when you read an opinion holding that there was insufficient evidence of an arbitration agreement between a consumer and a corporation, it’s a win for the plaintiff. But in Wallrich v. Samsung Electronics America, decided by the Seventh Circuit yesterday, the opposite was true. Paula Wallrich and several thousand other consumers had filed arbitration […]
Today, the FTC filed a lawsuit against in the Northern District of California against Adobe, makers of Acrobat, Photoshop, Illustrator, and others, for practices in connection with its “Annual, Paid Monthly” subscription plan. The complaint alleges violations of the Restore Online Shoppers’ Confidence Act. From the FTC’s press release: [W]hen consumers purchase a subscription through the […]
Yesterday, the CFPB announced a proposed rule that would remove medical bills from most credit reports and add other limitations on the use of medical debt in lending. The agency’s press release is available here, and the proposed rule is available here. Comments will be open until at-least mid August.
Travelers United is a DC-based nonprofit that has sued a number of travel and hospitality providers for putative violations of DC’s consumer protection laws. In one recent case, the organization sued Hilton for their “deceptive Junk Fee practices” that “trick consumers into paying more” to book a hotel room “than they otherwise would.” Travelers United […]
Since 1994, the Department of Education has had a process for discharging federal student loan debt where students show they were defrauded or misled by the schools they attended- referred to as the “borrower defense” process. The Biden Administration’s borrower defense rule is currently on hold as a result of a Fifth Circuit opinion. But even […]
The CFPB today announced a final rule that will require nonbank financial companies subject to Dodd-Frank to register and report if they have been subject to certain final orders from agencies or courts based on violations of certain consumer laws, and imposing injunctive or remedial relief. In the agency’s press release, it indicated it will […]
After several delays, the House today passed a five-year reauthorization bill for the FAA, which had previously passed the Senate. The bipartisan bill includes a number of consumer protection provisions, including provisions related to: refunds for cancellations and significant delays seating for travel with children and passengers with disabilities access to customer service agents The […]
The parties in consolidated class actions against GoDaddy brought under the TCPA negotiated a settlement, under which Go Daddy would provide up to $35 million to pay both class members’ claims and up to $10.5 million to their lawyers as attorney’s fees. The district court certified a settlement class. The day Rule 23(c)(2) notices were […]