Category Archives: Uncategorized

CFPB, FTC Tackle “Dark Patterns,” Recurring Subscription Charges

The Consumer Financial Protection Bureau and the Federal Trade Commission are teaming up to fight “dark patterns” and “negative option” subscription charges. The regulators are concerned about deceptive practices that mislead people into subscriptions or other recurring payments for products and services they do not want.  In a “circular” released this week, the CFPB described […]

A Valediction: Long-time Consumer Advocate Richard Cleland Hangs Up His Spurs

After taking his sweet time to do so, my old and good friend Rich Cleland retired from the FTC at the end of 2022. I first met Rich about 40 years ago, when he ran the great Iowa AG Tom Miller’s Consumer Protection Division and I was working for the late great Texas AG Jim […]

What happened to the House Financial Services Committee’s Consumer Protection Subcommittee?

by Jeff Sovern. During the last Congress, when the House Financial Services Committee was led by Representative Maxine Waters, the Committee included a subcommittee named Consumer Protection and Financial Institutions. Alas, it is no more. It has evidently been replaced by the Subcommittee on Financial Institutions and Monetary Policy now that Representative McHenry is the […]

Report urges major changes at FDA

The Washington Post reports that an outside group that was asked to examine problems at the Food and Drug Administration in the wake of an infant formula crisis this year offered a scathing indictment of the agency’s structure and culture and recommended major restructuring. The task force’s first suggestion was to create separate food and […]

Judge strikes down regulation on graphic warnings for cigarettes

In 2010, Congress passed the Family Smoking Prevention and Tobacco Control Act, which, among other things, required the Food and Drug Administration to issue a rule requiring graphic warning labels covering the top half of the front and back of cigarette packs and 20% of cigarette advertising. Ruling in a case challenging the regulation, brought […]

“Ringless voicemails” to cell phones are subject to robocalling restrictions

The Federal Communications Commission recently issued a unanimous decision on ringless voicemails — that is, messages left in voicemail boxes without ringing the consumers' cell phones. The FCC determined that ringless voicemails are “calls” and, therefore, require consumers’ prior express consent under the Telephone Consumer Protection Act. The FCC's press release and ruling are available […]

CPSC issues rule to protect children from strangulation by window covering cords. Industry association sues.

Nearly half of the children caught in cords for shades, blinds, or other window coverings die — close to 100 kids died of strangulation from window covering cords in 2021 — according to data from the Consumer Product Safety Commission. Two years ago, Canada announced a regulation strictly limiting the length of window covering cords […]

Tobacco companies challenge California law barring sales of flavored tobacco products

Having lost a motion for a preliminary injunction in the lower courts, various tobacco companies are asking the Supreme Court to enjoin a California law banning the sale of flavored tobacco products from going into effect as scheduled on December 22. The companies argue that the federal Tobacco Control Act preempts the state law and […]

Appeal tests corporate strategy to bar mass arbitration

Alison Frankl at Reuters writes that a pending appeal asks the Ninth Circuit to approve arbitration provisions that block "mass arbitrations." As the article explains: "Verizon’s consumer contract, in essence, eliminates consumers’ ability to arbitrate en masse, thus neutralizing their leverage from the steep initial arbitration fees companies are required to pay under AAA rules. […]