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

Court approves CFPB settlement re training provider’s abusive loan practices

In July, the CFPB and 11 states filed an adversary complaint in bankruptcy court against Prehired — a company that operated a private, for-profit vocational training program for software sales representatives. Promising entry-level wages of over $100,000, Prehired charged $30,000 for its program and encouraged students to enter into income share loans. The CFPB alleged […]

CFPB orders Citi to pay $25.9 Million for discriminating against Armenian Americans

The Consumer Financial Protection Bureau announced today that it has ordered Citi to pay $25.9 million in fines and consumer redress for intentionally and illegally discriminating against credit card applicants the bank identified as Armenian American. The CFPB explains: “From 2015 through 2021, Citi singled out for discrimination applicants for certain credit card products, based […]

CFPB appeals Chamber of Commerce district court ruling that discrimination is not unfair

More about the lower court opinion here. Given the Fifth Circuit’s politics, I’m not sure things will fare any better there, but hope is the thing with feathers. Even the Fifth Circuit must reach the correct decision sometimes.

Dept of Education fines university $37M for misleading students on costs

The Department of Education has levied a $37.7 million fine against Grand Canyon University for allegedly misleading more than 7,500 former and current students about the cost of its doctoral programs. The Washington Post reports that, “Grand Canyon, which enrolls more than 118,000 students mostly online, disputes the charges and said it ‘will take all […]

Busy morning at the Federal Trade Commission

The Federal Trade Commission issued 3 press releases this morning: FTC Case Leads to Permanent Ban Against Merchant Cash Advance Owner for Deceiving Small Businesses, Seizing Personal and Business Assets FTC Releases Reports on Cigarette and Smokeless Tobacco Sales and Marketing Expenditures for 2022 FTC Sends Nearly $100 Million in Refunds to Vonage Consumers Who […]

Consumers report losing $2.7 billion to social media scams since 2021

New data from the Federal Trade Commission shows that scams originating on social media have accounted for $2.7 billion in reported losses since 2021, more than any other contact method. The FTC says that the most frequently reported scams on social media are related to online shopping, with 44 percent of reports pointing to fraud […]

Tax Preparation Companies Receive FTC’s “Penalty Offenses” Warning

The FTC’s Penalty Offenses authority seems good for consumers and businesses. It allows the FTC to warn businesses about specific practices that would constitute unfair and deceptive conduct under its statute, the FTC Act, with the threat of punishing penalties if they nevertheless engaged in the conduct. This warning ideally deters the misconduct and eliminates […]

DC court rejects insurers’ challenge to HUD disparate impact rules

Ten years after the case was first filed, after intervening regulatory flip-flops and the Supreme Court’s decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, a D.C. district judge granted summary judgment to HUD yesterday in a challenge to its disparate-impact regulations brought by insurers. Limiting its analysis to the question […]

FTC Can’t Refund Consumers in Deceptive Investment Scheme

The U.S. Supreme Court’s 2021 decision in AMG Capital Management v. FTC continues to hamper the Federal Trade Commission’s work, and the Commission rightly is shining a spotlight on it. In a recently announced enforcement action, the FTC lamented the AMG decision, which it said limited its ability to secure refunds for duped investors of […]