Author Archives: Allison Zieve

CFPB proposes rules to help homeowners avoid foreclosure

The Consumer Financial Protection Bureau has proposed “new rules to make it easier for homeowners to get help when they are struggling to pay their mortgage. The proposal, if finalized, would require mortgage servicers to focus on helping borrowers, not foreclosing, when a homeowner asks for help. The proposed changes would also make it simpler […]

2 FTC actions alleged deceit of consumers

Two new actions by the Federal Trade Commission today: FTC Takes Action Against Online Used Car Dealer Vroom for Deceiving Customers, Failing to Deliver on Time and Provide Required Disclosures FTC Takes Action Against Gig Work Company Arise Virtual Solutions for Deceiving Consumers About Pay in Marketing Its Business Opportunity

FTC Annual Report on Refunds to Consumers

The Federal Trade Commission annual Report on Refunds to Consumers tallies the total refunds to consumers in 2023 from FTC enforcement actions at more than $324 million. The report provides a breakdown of the total amount refunded by the FTC nationally, as well as the amount mailed to each state, and also includes a list […]

Supreme Court addresses National Bank Act preemption

The Supreme Court today issued a unanimous decision on an issue concerning the scope of preemption under the National Bank Act. In this case, a borrower sued Bank of America for failing to pay interest on his mortgage escrow account, as required by New York law. The bank argued that the National Bank Act preempts […]

FTC’s report on 2023 activities re TILA, CLA, and EFTA

The Federal Trade Commission sent its annual report to the Consumer Financial Protection Bureau on the FTC’s 2023 enforcement and related activities on the Truth in Lending Act, Consumer Leasing Act, and Electronic Fund Transfer Act. The report highlights the FTC’s enforcement actions and initiatives under these laws and their implementing regulations, including in the […]

Report describes problems with credit-card rewards programs

The Consumer Financial Protection Bureau analyzed several hundred consumer complaints relating to the administration of credit card rewards programs and identified four recurring themes that resulted in consumers not receiving the rewards they were promised: (1) unexpected promotional conditions, (2) devaluation, (3) redemption problems, and (4) revocation. The report is here.

9th Cir. grants en banc review to consider personal jurisdiction over online businesses

The Ninth Circuit Court of Appeals last week granted en banc review in a case called Briskin v. Shopify, to consider whether a state may exercise specific personal jurisdiction over a defendant that unlawfully uses its nationally accessible web platform to extract data from in-state consumers. As reporter Alison Frankel of Reuters wrote, “The court’s […]

Supreme Court upholds CFPB funding

The U.S. Supreme Court today, in a 7-2 decision, ruled in favor of the Consumer Financial Protection Bureau, rejecting a challenge brought by payday lenders to Congress’s decision about how to fund the agency. The case came to the Court after the Fifth Circuit Court of Appeals’ unprecedented ruling that funding for the Bureau’s violates […]

Colorado legislature passes AI bill

On Wednesday, Colorado lawmakers passed a sweeping artificial intelligence regulation bill. The legislation seeks to protect consumers from algorithmic discrimination when AI is used to make life-altering decisions, such as about a person’s employment, education or health care. It also included consumer rights provisions such as the right to know when AI is being used […]