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

Effective date of FTC auto rule delayed amid industry court challenge

The Federal Trade Commission issued an order delaying the effective date of the recently released rule that seeks to provide protections for car buyers against some of the more prevalent deceptive practices in car sales. The Combating Auto Retail Scams (CARS) rule, originally set to become final on July 30, is now pushed back pending […]

NJ Consumer Frauds Act refund provision applies only to food fraud

In 1979, the New Jersey Legislature added Chapter 347 to the state’s Consumer Frauds Act. That  chapter contained a provision expanding what constitutes an “unlawful practice” to include misrepresentations of the identity of food, and also created a refund remedy–specifying that “[a]ny person violating the provisions of the within act shall be liable for a […]

FTC reports on to Congress on the Do Not Call (DNC) Registry

The Federal Trade Commission today issued its biennial report to Congress on the National Do Not Call (DNC) Registry. According to the report, more than 249 million consumers have placed their telephone numbers on the Registry over the past two year. The report also notes that the FTC has received more than two million Do […]

Auto dealer industry petitions Fifth Circuit for review of new FTC rule

The Federal Trade Commission on January 4 published in the Federal Register its final rule to rein in widespread unfair and deceptive auto dealer practices. The next day, Reuters reported that the National Automobile Dealers Association (NADA) and the Texas Automobile Dealers Association filed a petition before the Fifth Circuit Court of Appeals seeking review […]

FTC continues moves against deep-rooted robocall system

In its battle to rein the coordinated system facilitating illegal robocalls, the Federal Trade Commission announced a proposed order against a lead generator, which the agency charged with deceptively collecting consumers’ information and then selling their data to telemarketers…leading to harassing calls. The announced proposed order would ban California-based Response Tree LLC and its president […]

NY’s Governor, AG Support NY’s UDAAP Statute Expansion

The bill would add unfairness and abusiveness to the NY UDAAP statute, increase statutory damages to $1,000, and allow businesses to recover under the statute, among other things. This follows NY’s blocking credit bureaus from reporting medical debt. More here.

FTC Brings False Advertising Suit Against For-Profit Grand Canyon University

Last week, the FTC’s Bureau of Consumer Protection filed a lawsuit against Grand Canyon University,  one of the nation’s largest for-profit universities, alleging it deceived prospective doctoral students about the cost and course requirements of its doctoral programs and about being a nonprofit, while also engaging in deceptive and abusive telemarketing practices. The FTC’s press […]

Are deferred interest plans abusive?

USA Today’s Daniel de Vise has an interesting article, 62% of Americans say this zero-interest payment plan should be against the law, about a form of consumer lending called deferred interest plans. Here’s an excerpt: A popular payment plan offered by America’s big-box retailers promises no interest on your purchase if you pay it off in, […]

FTC issues rule regarding scams in vehicle shopping

The Federal Trade Commission has finalized a new rule to fight two common types of illegal tactics consumers face when buying a car: bait-and-switch tactics and hidden junk fees. The FTC expects the rule to save consumers nationwide more than $3.4 billion and an estimated 72 million hours each year shopping for vehicles. The FTC’s […]

FTC returns more than $3 million to businesses that paid for HomeAdvisor memberships

The Federal Trade Commission is sending more than $3 million in refunds to businesses that paid for memberships to HomeAdvisor, Inc., a company affiliated with Angi (formerly known as Angie’s List). The agency is also sending claim forms to businesses that are eligible for additional refunds. The refunds stem from FTC allegations that HomeAdvisor used […]