The SBPC issued a report, DISCRIMINATION IS "UNFAIR": Interpreting UDA(A)P to Prohibit Discrimination. Here's the Executive Summary: This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts and practices (“UDA(A)Ps”). An “unfair” practice is defined by statute as something […]
Category Archives: Federal Trade Commission
by Jeff Sovern If you are curious to learn more about FTC Commissioner and CFPB Director-Nominee Rohit Chopra, here is a video of him discussing the FTC's remedial authority a couple days before the Supreme Court heard oral argument earlier this month in AMG v. FTC. The event was hosted by Truth-in-Advertising.org (TINA.org).
Announcement here. Among other departures: Bureau of Consumer Protection director Andrew Smith.
by Jeff Sovern Report here (may be behind a paywall). FTC bio here. My first reaction is that he's an excellent choice. UPDATE: Blog co-founder and prominent Supreme Court consumer advocate Deepak Gupta on the choice: "This is a home run. There's nobody better than Rohit to take the helm of the CFPB at this […]
FTC Commissioner Rohit Chopra and his attorney-advisor Samuel A.A. Levine have wiritten The Case for Resurrecting the FTC Act’s Penalty Offense Authority. Here is the abstract: This article details why the Federal Trade Commission should resurrect one of the key authorities it abandoned in the 1980s: Section 5(m)(1)(B) of the FTC Act, the Penalty Offense […]
West has published the fifth edition of Dee Pridgen's Consumer Protection Law in a Nutshell, the best short introduction to consumer protection law and an extremely useful volume for students and practitioners alike (disclosure: I commented on the manuscript of the fourth edition and coauthor a casebook with Dee). Here are some of the bigger […]
by Jeff Sovern The coronavirus is already having an impact on consumers and consumer protection. Some initial observations: The FTC and FDA have sent warning letters to companies reportedly making deceptive or unsupported claims about their products' ability to treat the coronanvirus. It's good that they're on the job. There have been reports of discrimination against Asians […]
by Jeff Sovern The industry and some others often complain about "regulation by enforcement," by which I gather is meant that enforcement agencies bring actions against businesses without having previously given extremely clear notice that, in the agency's view, the conduct that is the subject of the action violates existing law. Director Cordray's CFPB was […]
by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article topics. Meanwhile, administrative agencies often confront questions about what the law is or how it […]