Category Archives: Unfair & Deceptive Acts & Practices (UDAP), including Discrimination

Departing DOT takes action against airlines for “chronically delayed flights”

Over the past two weeks, the Department of Transportation has taken actions against several airlines for what the Department refers to as “chronically delayed flights,” suggesting violations of consumer protections.  According to DOT, the airlines are effectively misleading customers as to the actual times of the flights, because these flights so infrequently depart at those […]

Ninth Circuit holds consumer lender waived 7th Amendment argument against CFPB

CashCall is a lender that makes unsecured, high-interest loans to consumers via a related company incorporated under the laws of the Cheyenne River Sioux Tribe. In 2022, the Ninth Circuit decided CFPB v. CashCall, in which it affirmed a district court’s finding, after a bench trial, that CashCall committed an unfair, deceptive, or abusive act […]

Adam Feibelman paper argues that the CFPB should have authority over the Community Reinvestment Act

Adam Feibelman of Tulane University has written Relocating the Community Reinvestment Act. Here’s the abstract: The Community Reinvestment Act was enacted in 1977 to address the failure of financial institutions to provide credit and financial services in low-income communities, especially Black neighborhoods. The Act is part of a family of legal regimes, including the Home […]

“FTC, Illinois Attorney General Take Action Against Grubhub for Harming Diners, Workers, and Small Businesses”

The FTC reports: “Grubhub will pay $25 million to settle charges from the Federal Trade Commission and the Illinois Attorney General that the food delivery firm engaged in an array of unlawful practices including deceiving diners about delivery costs and blocking their access to their accounts and funds, deceiving workers about how much money they […]

Man bites dog as Trump sues under UDAP for polling claims

The complaint is here. and concerns the finding announced shortly before the election that the poll had Harris leading Trump among Iowans. The suit is against the Des Moines Register, the pollster and Gannett; the UDAP statute in question is Iowa Code § 714H.3(1). That statute provides: A person shall not engage in a practice […]

FTC rule tackles junk fees in live-event ticketing, hotel stays

The Federal Trade Commission today issued a final rule on junk fees. Under the rule, businesses that offer live-event tickets or short-term lodging must clearly and conspicuously disclose the total price at the time they offer, display, or advertise their tickets or stays. This removes the possibility of surprise fees and charges that ticket buyers […]

Study finds large language models produce racial disparities in mortgage lending but that the disparities can be eliminated

Donald E. Bowen III of Lehigh University, S. McKay Price of Lehigh University – Perella Department of Finance, Luke C.D. Stein of Babson College, and Ke Yang of Lehigh University have written Measuring and Mitigating Racial Disparities in Large Language Model Mortgage Underwriting. Here’s the abstract: We conduct the first study exploring the application of large […]

Congressional report details junk fees in air travel

For two decades airlines have used and profited from their “unbundling” strategy—charging separately for individual products and services that were once included in the price of a plane ticket. Just in time for the holidays, Sen. Richard Blumenthal, chair of the U.S. Senate Permanent Subcommittee on Investigations (PSI), last week released a Majority staff report […]

Andrea Boyack discusses her survey of abusive boilerplate terms on the Consumer Finance Monitor Podcast

Here. From the description of the episode: Today, we are joined again by Professor Boyack who has written a follow-up article entitled: “Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights,” University of Missouri School of Law Legal Studies Research Paper No. 2024-03, which is the subject of our new show. The abstract of her […]

Lary Kirsch paper on State AGs and unfair mortgage lending

Larry Kirsch has written Power-Balancing: State Attorneys General and Unfair Mortgage Lending forthcoming in 9 International Review of Financial Consumers. Here’s the abstract: This paper is a case study in the enforcement of state unfair trade practice laws targeted at predatory mortgage lending and securitization abuses during the Global Financial Crisis of 2008. It considers how […]