Author Archives: Adam Pulver

Realtors Agree to Change MLS Policies

I’ve previously posted about consumer lawsuits across the country challenging various aspects of the Multiple Listing Service under unfair competition and antitrust laws. Today, the National Association of Realtors announced it had agreed to a global settlement of these cases. In addition to a payment of $418 million in damages, Realtors have agreed to get […]

Influencer/Governor sued for violating DC consumer protection law

On Monday night, South Dakota Governor Kristi Noem posted an….unusual video on X (nee Twitter)— a nearly five-minute post extolling the work done by cosmetic dentists at Smile Texas. The tone and content of the video struck many as an advertisement, but nowhere in the post was there an indication it was an ad or […]

CFPB Bans Excessive Credit Card Late Fees

Today, the CFPB released a final rule to ban excessive credit card late fees, closing what it refers to as a loophole in a 2010 Rule. The agency predicts typical fees will be reduced from $32 to $8.   Update: The Chamber of Commerce has already committed to filing a challenge to the Rule.

Sunglass settlement scuttled for lack of standing to seek injunctive relief

Plaintiffs filed  class actions against Costa, a sunglasses manufacturer, for charging them over $100 to repair sunglasses that had been covered by lifetime warranties. The cases were consolidated, and an amended complaint requested both monetary damages and injunctive relief. The parties reached a settlement, agreeing on payments in the form of product vouchers and injunctive […]

FTC Challenges Kroger/Albertson’s Deal

The supermarket industry has been subject to substantial consolidation over the past few decades, with many regional chains being bought up by one of a handful of large conglomerates. In October 2022, Kroger– which owns chains around the country including Fred Meyer, Fry’s, Harris Teeter, Mariano’s, and Ralph’s– announced plans to buy Albertson’s–whose chains include […]

California court upholds $21 million penalty against for-profit college

The California Attorney General brought claims against for-profit online college Ashford University and its parent company for violating the state’s unfair competition and false advertising laws by making false and misleading statements to prospective students. The trial court agreed with the AG, and imposed over $22 miillion in civil penalties. Yesterday, an intermediate appellate court […]

Third Circuit Finds No Standing Where Creditor Shared Info With Mail Vendor

Paulette Barclift sued Keystone Credit Services after Keystone shared certain personal information with a mailing vendor that it hired to mail her a collection notice. Barclift never authorized Keystone to share that information with third parties, and thus sued for violating the FDCPA’s provisions on unauthorized communications. The district court held that Barclift had not […]

Canadian court holds Air Canada liable for information chatbot gave to consumer

Many companies have started to put automated chatbots on their website to answer customer service questions. Air Canada is one of them. Its chatbot told a customer that he could retroactively seek a bereavement discount for a flight he needed to purchase. When the customer submitted the paperwork he was told by the bot to […]

DOJ Objects to Settlement of Consumers’ Suit against Multiple Listing Service

In recent years, home sellers around the country have filed lawsuits against regional multiple listing services and affiliated realtors, generally alleging that by requiring sellers to agree to a single, set offer of compensation to any broker who found a buyer for their home in order to have their listing included (the “Buyer-Broker Commission Rule”), […]