Category Archives: Federal Trade Commission

Court temporarily stops student loan relief scam

A federal court this month issued an order, in a case filed by the Federal Trade Commission, to temporarily stop a predatory student loan relief scam that targeted Puerto Rican, Spanish-speaking borrowers. According to the FTC’s complaint against USA Student Debt Relief/Start Connecting SAS, operating out of Florida and Cali, Colombia, these entities falsely represented […]

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

How much deference must courts give federal consumer protection agency determinations that conduct is unfair after Loper Bright?

Yesterday, the Supreme Court decided Loper Bright, in which it proclaimed that “Chevron is overruled.” But now we have to figure out what that means in particular contexts. One such context is federal consumer protection agency UDAAP statutes, like the FTC Act and Consumer Financial Protection Act. When those statutes give the agencies the power […]

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 […]

FTC sues Adobe for Making Subscriptions Too Hard to Cancel

Today, the FTC filed a lawsuit against in the Northern District of California against Adobe, makers of Acrobat, Photoshop, Illustrator, and others, for practices in connection with its “Annual, Paid Monthly” subscription plan. The complaint alleges violations of the Restore Online Shoppers’ Confidence Act. From the FTC’s press release: [W]hen consumers purchase a subscription through the […]

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 […]

What is the definition of junk fees?

Junk fees are likely to feature in the election this year, so for that reason alone, it would be useful to know what they are. Sometimes they seem to be defined by examples; you can find such a list of examples (as well as a definition that strikes me as underinclusive) here. Because the very […]

What would the CFPB look like if it were subject to annual congressional appropriations?

If the Supreme Court rules in the CFSA case that the CFPB’s funding is unconstitutional, Congress might fund the Bureau via annual appropriations. I wondered what that would mean. The FTC, another consumer protection agency, offers a clue. Now the agencies are not identical; the FTC has antitrust responsibilities and while the two agencies have […]

FTC’s updated Health Breach Notification Rule covers app developers

The Federal Trade Commission just updated its Health Breach Notification Rule to revise definitions and clarify its coverage to include developers of health mobile apps and other technology. The rule, which requires vendors to notify affected consumers and the FTC following a data breach affecting personal health records, also requires additional information in notices to […]

FTC sends $62 million in refunds to sellers deceived by online real estate listing service

The Federal Trade Commission is sending nearly $62 million in refunds to sellers deceived by advertising and marketing claims made by online real estate business Opendoor Labs, Inc. According to the FTC’s August 2022 complaint, Opendoor cheated home sellers by tricking them into thinking that they could make more money selling their home to Opendoor than […]