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 […]
Author Archives: Adam Pulver
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 […]
In May 2025, the CFPB rescinded a 2022 interpretive rule, which had expressed the agency’s view that the Fair Credit Reporting Act’s preemption provision has “a narrow sweep,” which allows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 […]
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 […]
A Pennsylvania citizen sued Pennsylvania legislator Matthew Bradford under the TCPA, alleging that Bradford’s en masse automated phone calls sent to constituents violated the statute. A district court denied Bradford’s motion for summary judgment on the basis of Eleventh Amendment and/or qualified immunity. Yesterday, the Third Circuit reversed— going beyond the question of immunity and […]
In 2024, the Supreme Court decided Cantero v. Bank of America, unanimously vacating the Second Circuit’s decision finding a New York law on interest on escrow accounts for home mortgage loans preempted by the National Bank Act. At the same time, the Court granted, vacated, and remanded Kivett v. Flagstar Bank, a decision from the […]
In 2024, the Department of Transportation issued a rule requiring airlines to disclose certain ancillary fees upfront when potential customers search for itineraries. Afraid that such transparency might cut into profits, the airline industry petitioned for review in the Fifth Circuit, which granted a stay pending appeal. In January 2025, a panel of the Fifth Circuit […]
Dreamland Baby, a manufacturer and seller of weighted sleep blankets and swaddles, sued the Consumer Product Safety Commission, former CPSC Commissioner Trumka, HHS, and two HHS subagencies based on (1) the CPSC’s “Safe Sleep” guidance, advising against the use of such blankets and swaddles for infants; and (2) statements by HHS and Commissioner Trumka about […]
Last week, I posted about a Western District of Washington decision granting partial summary judgment to the FTC on claims against Amazon relating to the enrollment flow for Amazon Prime subscriptions. A trial began earlier this week on the remaining claims, but, today, the FTC announced a $2.5 billion settlement, including $1.5 billion to be […]