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

FTC claims process for consumers who purchased DreamCloud mattresses

The Federal Trade Commission has announced a claims process by which consumers who purchased a DreamCloud mattress and were influenced by the company’s claims that the product was made with U.S. materials can apply for a refund. Details are here.

Diversion of Resources Enough for UCL Standing, Holds California Supreme Court

In 2004, California amended its unfair competition law to eliminate associational standing–that is, membership organizations could no longer bring claims based on injuries to their members. Only claims based on injuries to the organizations themselves could serve as a basis for suit. Yesterday, in California Medical Association v. Aetna Health of California, the California Supreme […]

FTC, partners attack the root of robocall schemes

“You don’t need much agricultural expertise to know that every weed is supported by an extensive underground root structure.” What an A+ quote from the Federal Trade Commission’s business blog (Lesley Fair), which gives a visual description of the government’s latest effort to combat pervasive robocalls, this time tackling robocalls’ root structure: third-party lead generators. […]

Several states and CFPB sue Prehired for illegal student lending practices

The Consumer Financial Protection Bureau joined with 10 state attorneys general and a California regulator to take action against Prehired for deceptive marketing and debt collection practices. The CFPB explains: “Prehired operated a 12-week online training program claiming to prepare consumers for entry-level positions as software sales development representatives with “six-figure salaries” and a “job […]

Chamber and bank groups that say discrimination is not unfair have used “fair lending” to refer to non-discriminatory lending

I have blogged before about the suit brought by the Chamber of Commerce and various banking groups against the CFPB in which the plaintiffs argue that the CFPB is wrong to describe discrimination as unfair. But when I asked a research assistant to see if the plaintiffs themselves use the phrase “fair lending” laws to […]

DC announces financial relief for consumers deceived by EasyPay

The DC Attorney General’s Office today announced that “EasyPay Finance (EasyPay), a rent-a-bank lender that had operated in the District, will pay more than $215,000 to resolve allegations that it used predatory practices to deceive hundreds of District residents into paying interest rates significantly above DC’s legally allowed maximum rate. In addition to financial terms, […]

If the Chamber of Commerce’s claim that discrimination isn’t unfair is correct, why does Student for Fair Admissions have “fair” in its name?

I am working on an article about the CFPB’s determination that discrimination is unfair, a claim that the Chamber of Commerce and banking trade groups are challenging in litigation. Consequently, I am collecting examples in which people used the word “fair” to mean “without discrimination,” or conversely, “unfair” to convey discriminatory conduct. A prominent example […]

New report on damages in consumer protection lawsuits

Good Jobs First reports that “[o]ver the past two decades, major companies have paid out over $25 billion in damages and settlements in class action and multi-district consumer protection lawsuits filed throughout the United States” concerning overcharging customers for goods and services or engaging in false advertising. Read the details here.

FTC sues Amazon over Prime enrollment and cancellation practices

The Federal Trade Commission sued today for allegedly enrolling consumers in Amazon Prime without their consent and knowingly making it difficult for consumers to cancel their Prime subscriptions. The complaint charges that Amazon used manipulative, coercive, or deceptive user-interface designs known as “dark patterns” to trick consumers into enrolling in automatically-renewing Prime subscriptions. The […]

FTC refunds to consumers drop post-SCOTUS decision

The Federal Trade Commission reported this week on the refunds returned to harmed consumers in 2022 from its cases against bad actors that cheated, deceived, defrauded people out of their money. The agency’s press release also contained a sober message: refunds to consumers are dropping due to AMG Capital Management, LLC v. FTC, a 2021 […]