In its battle to rein the coordinated system facilitating illegal robocalls, the Federal Trade Commission announced a proposed order against a lead generator, which the agency charged with deceptively collecting consumers’ information and then selling their data to telemarketers…leading to harassing calls. The announced proposed order would ban California-based Response Tree LLC and its president […]
Author Archives: Christine Hines
The Consumer Financial Protection Bureau this week published two reports that show fees on financial products continue to shock consumers. Overdraft and non-sufficient funds fees still trouble vulnerable households. Excess charges from some college-marketed financial products still don’t appear to be in the best interest of students. In building on its continued research on overdraft […]
Mark Zuckerberg’s Meta, owner of WhatsApp, Facebook and Instagram, filed a lawsuit this week in Washington, DC challenging the constitutionality of the Federal Trade Commission. The complaint questions FTC’s longstanding structure and processes, including the agency’s administrative proceedings, its executive authority (although it is led by presidentially-nominated and Congressionally-confirmed commissioners), and its authority to protect […]
The Federal Communications Commission and the Federal Trade Commission recently released notices to gather information on the use of advanced technologies in consumer sectors that the regulators oversee. The FCC announced that it is exploring emerging AI technologies and their connection to its work to protect consumers from unwanted and illegal calls and text messages […]
Federal Trade Commission Chair Lina Khan is featured in a Politico piece published today on the growing antitrust movement and its popularity with law students. Possibly the line of the piece: “Critics have called it “hipster” antitrust, but make no mistake: Antitrust is hip.” Chair Khan is also scheduled to speak Nov. 10 at Federalist […]
The Consumer Financial Protection Bureau just announced a proposed rule under section 1033 of the Consumer Financial Protection Act of 2010 to address personal financial data rights that would ensure consumers have certain protections and control over their information. Among other things the rule would: Require financial institutions to share data with other entities at […]
The Federal Trade Commission and the Consumer Financial Protection Bureau together filed an amicus brief in a case before the Second Circuit Court of Appeals in support of consumer protections under the Fair Credit Reporting Act (FCRA). The agencies’ brief supports the appeal of the district court’s decision in Suluki v. Credit One Bank, NA. […]
Welcome back, net neutrality. This week, Federal Communications Commission Chairwoman Jessica Rosenworcel announced a proposal to restore FCC policies for the internet and oversight of internet service providers. Generally, net neutrality is a response to internet service providers treating internet users and traffic differently. The FCC has been here before. Most recently, the agency adopted open internet […]
The FTC’s Penalty Offenses authority seems good for consumers and businesses. It allows the FTC to warn businesses about specific practices that would constitute unfair and deceptive conduct under its statute, the FTC Act, with the threat of punishing penalties if they nevertheless engaged in the conduct. This warning ideally deters the misconduct and eliminates […]
The U.S. Supreme Court’s 2021 decision in AMG Capital Management v. FTC continues to hamper the Federal Trade Commission’s work, and the Commission rightly is shining a spotlight on it. In a recently announced enforcement action, the FTC lamented the AMG decision, which it said limited its ability to secure refunds for duped investors of […]