Category Archives: Uncategorized

Report on Biden’s Record on Judicial Nominations

The People’s Parity Project released a report, which reviews and assesses President Biden’s progress so far with judicial nominations. The organization, which describes itself as a “network of law students and new attorneys organizing to unrig the legal system and build a justice system that values people over profits,” emphasized the need for more professionally […]

District Court finds 2019 non-consummated settlement bars investigation of realtors group

In 2019, DOJ’s Antitrust Division opened an investigation into practices and policies of the National Association of Realtors (NAR) — the trade and lobbying group representing most of the nation’s real estate agents, brokers, and other professionals, and defendant in several earlier antitrust cases. Among the practices DOJ sought to investigate were NAR’s “clear cooperation […]

Justice Department sues Google over digital advertising

The Justice Department and eight states sued Google today, alleging that the company has a monopoly over the online advertising market that violates the antitrust laws. The lawsuit, filed in the Eastern District of Virginia, aims to have Google’s dominance in the online ad marketplace broken up by having a court compel the company to […]

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 It has evidently been replaced by the Subcommittee on Financial Institutions and Monetary Policy now that Representative McHenry is the […]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 […]