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Category Archives: Unfair & Deceptive Acts & Practices (UDAP), including Discrimination
In Oliver v. Navy Federal Credit Union, decided today, the Fourth Circuit clarified both the procedure and substantive standards that govern when defendants ask a court to deny class certification before discovery. Oliver was a putative class action challenging Navy Federal’s underwriting process for loan applicants as racially discriminatory. Navy Federal moved to dismiss under Rule […]
In October, I posted about the Fifth Circuit’s curious grant of rehearing en banc in a challenge to the Department of Transportation’s 2024 Rule requiring airlines to disclose ancillary fees. The panel had left a stay of the rule in place, directing the agency to address certain notice and comment issues on remand–but at the […]
A few weeks ago, I shared that the Department of Education had planned to, for the first time since 2020, resume wage garnishments and other involuntary collections on federal student loans. Today, though, the Department announced a reversal of course, stating it would delay collections efforts while it “implement[s] major student loan repayment reforms under […]
The Federal Trade Commission this week sued an “online question-and-answer service” and its CEO in a California federal court alleging that they deceived people into a monthly subscription service. According to the FTC, people would come across the service, Just Answer LLC, in an online search, and then the company would lead them to believe […]
The Equal Credit Opportunity Act bars discrimination in consumer lending on the basis of sex but does not explicitly apply to sexual orientation or gender identity, as some state laws do. Back in 2021, after the Supreme Court’s decision in Bostock v. Clayton County interpreting Title VII, the employment discrimination statute, to forbid such discrimination, […]
Regular readers of the blog will know that the Biden CFPB took the position that discrimination is unfair within the meaning of the Consumer Financial Protection Act, the CFPB’s UDAAP statute. After the Chamber of Commerce sued to block that interpretation and won before a Trump-nominated judge, the CFPB appealed. But before the appeal could be […]
Just before the holidays, NY Governor Kathy Hochul signed the FAIR Business Practices Act, which expanded the protections for New York consumers under the state’s General Business Law–a move recommended by the pre-Vought CFPB. Among other things, the statute expands the enforcement powers of the state attorney general, both in terms of the entities and […]
The Seventh Circuit issued a decision in Milam v. Selene Finance today, an FDCPA case where the Court punted on the merits but addressed standing in a manner that may be notable for practitioners. Ramona Milam sued Selene Finance, the servicer of her home mortgage, after Selene sent her a letter threatening acceleration and foreclosure if […]
After New York City enacted minimum pay rate laws for food delivery workers, DoorDash and Uber Eats changed the way tipping options appeared on its app — making it so tipping was not available until after a customer checks out. DoorDash claimed this would somehow “balance the impact” of new fees that it was charging […]