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

CFPB seeks public info on data brokers’ business

The Consumer Financial Protection Bureau wants to know more about data brokers and their practices, as these entities gather and sell consumers’ personal and private information. The CFPB requests public feedback including information about the entities that collect personal consumer data, the types of data collected, sources that data brokers use to collect information, their […]

Consumer issues affecting American Indian and Alaska Native communities

A new Federal Trade Commission report to Congress details the consumer issues that affect American Indian and Alaska Native (AI/AN) populations, as well as the FTC’s enforcement, outreach and education work on these issues. The report summarizes the agency’s efforts to hear directly from tribal leaders, community members, advocates, and others about issues affecting their […]

Remedies for Violations of the Consumer Review Fairness Act

Over at his Technology and Marketing Blog, Eric Goldman points to a recent district court decision issuing a preliminary injunction against a solar installation company which, according to the decision, engaged in a series of shady practices vis-a-vis consumers who agreed to use its solar panel installation services. In an action brought jointly by the […]

Using consumer law to protect workers

In Consumer Law as Work Law (forthcoming Calif. L. Rev. 2024), law professor Jonathan Harris describes the possibilities and challenges of turning to consumer law as part of an integrated work law to help remediate the bargaining power asymmetries between firms and workers. Here is the abstract: In recent decades, firms have radically transformed labor […]

FTC’s fair lending report highlights auto dealer practices

Shady auto dealer practices take center stage in the Federal Trade Commission’s latest report on its 2022 enforcement activities related to fair lending. Each year, the FTC submits a letter to the Consumer Financial Protection Bureau recounting actions it took tied to the Equal Credit Opportunity Act, a law to combat discrimination in lending. Last […]

8th Circuit: FECA does not preempt Minnesota consumer protection law

After receiving consumer complaints about its use of pre-checked recurring-donation checkboxes, the Minnesota Attorney General sent subpoenas and a civil investigative demand to WinRed, a so-called “conduit” political action committee (PAC). WinRed sought a preliminary injunction against the investigation in federal district court, arguing that Minnesota’s consumer protection laws were preempted by the Federal Election […]

The FTC’s busy week

The Federal Trade Commission has been busy the past few days: FTC Finalizes Order Requiring Credit Karma to Pay $3 Million and Halt Deceptive ‘Pre-Approved’ Claims (Jan. 23, 2023) FTC Order Requires HomeAdvisor to Pay Up To $7.2 Million and Stop Deceptively Marketing its Leads for Home Improvement Projects (Jan. 23, 2023) FTC Order Requires […]

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 […]

Facial Recognition Bars Lawyers for Consumers from Events at Madison Square Garden

The New York Times carries this story  about the use of facial recognition technology to bar any lawyers working at firms who handle litigation against  MSG Entertainment from attending sporting events, or even holiday shows, at Madison Square Garden.  New York’s old law protecting theatre critics from being excluded after they panned a show has […]

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 […]