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

Man bites dog as Trump sues under UDAP for polling claims

The complaint is here. and concerns the finding announced shortly before the election that the poll had Harris leading Trump among Iowans. The suit is against the Des Moines Register, the pollster and Gannett; the UDAP statute in question is Iowa Code § 714H.3(1). That statute provides: A person shall not engage in a practice […]

FTC rule tackles junk fees in live-event ticketing, hotel stays

The Federal Trade Commission today issued a final rule on junk fees. Under the rule, businesses that offer live-event tickets or short-term lodging must clearly and conspicuously disclose the total price at the time they offer, display, or advertise their tickets or stays. This removes the possibility of surprise fees and charges that ticket buyers […]

Study finds large language models produce racial disparities in mortgage lending but that the disparities can be eliminated

Donald E. Bowen III of Lehigh University, S. McKay Price of Lehigh University – Perella Department of Finance, Luke C.D. Stein of Babson College, and Ke Yang of Lehigh University have written Measuring and Mitigating Racial Disparities in Large Language Model Mortgage Underwriting. Here’s the abstract: We conduct the first study exploring the application of large […]

Congressional report details junk fees in air travel

For two decades airlines have used and profited from their “unbundling” strategy—charging separately for individual products and services that were once included in the price of a plane ticket. Just in time for the holidays, Sen. Richard Blumenthal, chair of the U.S. Senate Permanent Subcommittee on Investigations (PSI), last week released a Majority staff report […]

Andrea Boyack discusses her survey of abusive boilerplate terms on the Consumer Finance Monitor Podcast

Here. From the description of the episode: Today, we are joined again by Professor Boyack who has written a follow-up article entitled: “Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights,” University of Missouri School of Law Legal Studies Research Paper No. 2024-03, which is the subject of our new show. The abstract of her […]

Lary Kirsch paper on State AGs and unfair mortgage lending

Larry Kirsch has written Power-Balancing: State Attorneys General and Unfair Mortgage Lending forthcoming in 9 International Review of Financial Consumers. Here’s the abstract: This paper is a case study in the enforcement of state unfair trade practice laws targeted at predatory mortgage lending and securitization abuses during the Global Financial Crisis of 2008. It considers how […]

FTC & HR Block Reach Proposed Settlement of Free Filing Case Challenging Agency Structure

The FTC brought administrative proceedings against tax preparation company H&R Block, arguing that the company had made deceptive statements about its “free filing” products. H&R Block brought an action in federal district court seeking to enjoin the administrative proceedings, challenging the FTC’s structure. Yesterday, the FTC announced the parties had reached a settlement of the […]

FTC sends $2.5 million to consumers deceived by Credit Karma’s “pre-approved” credit offers

The Federal Trade Commission took action against Credit Karma in 2022, alleging that the company told consumers they were “pre-approved” and had “90% odds” of approval to entice them to apply for credit card offers that, in many instances, they ultimately did not qualify for. Credit Karma later agreed to to stop making these types […]

SDNY holds online-only retailers are not covered by the ADA

Title III of the Americans with Disabilities Act prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” Courts of appeals […]