FTC Announces Identity Theft Awareness Week

It’s Identity Theft Awareness Week, Jan. 29-Feb. 2. The Federal Trade Commission says this week it “will host free podcasts, webinars, Facebook Live interviews, and other events focused on avoiding and recovering from identity theft and spotting scams.” Join the FTC in spreading helpful information for consumers on social media.

CFPB’s 2023 enforcement actions in a nutshell

In a recent blog post, the Consumer Financial Protection Bureau offered a quick overview of its 2023 enforcement work. The agency reported that it filed 29 enforcement actions against financial institutions and resolved six prior lawsuits. Lenders, banks, and other entities that broke the law were ordered to pay approximately $3.07 billion to  consumers and […]

AAA Updates Mass Arbitration Rules to Be More Favorable to Business

As previously discussed on the blog, corporate defendants have in several cases refused to comply with AAA’s rules regarding payment when customers invoke their contractual rights and file arbitration demands en masse. Reacting to the complaints of corporate defendants, AAA has now altered its mass arbitration rules to, among other things, drastically reduce the fees […]

FDIC Consumer News

I just came across FDIC Consumer News — “the FDIC’s monthly newsletter to consumers, providing practical guidance on how to become a smarter, safer user of financial services, including helpful hints, quick tips, and common-sense strategies to protect and stretch your hard-earned dollars.” Recent articles include: Older Adults Helping Relatives Through Financial Support; Shopping for […]

CFPB proposes rules on fees for instantaneously declined transactions and on overdraft fees

The Consumer Financial Protection Bureau yesterday proposed a rule to block banks and other financial institutions from charging non-sufficient funds fees on transactions declined at the time the consumer swipes, taps, or clicks — that is, transactions that the financial institution declines in real time. These types of transactions include declined debit card purchases and […]

FTC Bars TurboTax from Advertising Itself as “Free”

The FTC brought an administrative complaint against Intuit based on its nationwide, multichannel advertising campaigns promoting its TurboTax tax preparation service as “free,” when in reality, two-thirds of taxpayers were ineligible for its “free” product. Yesterday, the FTC made public a unanimous opinion affirming an ALJ’s cease-and-desist order and conclusion that the claims were false […]

Travelers United Continues Lawsuits Against DC Restaurant Fees

An interview with Travelers United’s lawyer, explaining their legal theories and the kinds of fees they are challenging under DC consumer protection law, is available here.

Fourth Circuit Limits Scope of TCPA Fax Prohibitions and Suggests Class Actions to Enforce are Doomed

The TCPA prohibits “send[ing], to a telephone facsimile machine, an unsolicited advertisement.” 47 U.S.C. s. 227(b)(1)(c). After receiving such an unsolicited advertisement on its fax machine from AmeriFactors Financial Group, plaintiff  Career Counseling, Inc. brought a putative class action in South Carolina. While that litigation was pending, AmeriFactors obtained a declaratory ruling from the FCC, […]

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 […]