FTC sues Adobe for Making Subscriptions Too Hard to Cancel

Today, the FTC filed a lawsuit against in the Northern District of California against Adobe, makers of Acrobat, Photoshop, Illustrator, and others, for practices in connection with its “Annual, Paid Monthly” subscription plan. The complaint alleges violations of the Restore Online Shoppers’ Confidence Act. From the FTC’s press release: [W]hen consumers purchase a subscription through the […]

Call for submissions on the FDA

Here is the first part of the call for submissions: The Food and Drug Law Institute (FDLI) is pleased to solicit abstracts for the Food and Drug Law Journal 2024 Symposium, “From Past to Progress: Envisioning the Future of FDA Law and Regulation.” The Symposium will celebrate FDLI’s 75th Anniversary and its enduring contributions to the field […]

After fighting to make the CFPB less independent, conservatives complain that it’s not independent

As most of you know, conservatives and the industry regularly complain about what they call the Bureau’s lack of accountability. Their previous efforts to strip away the CFPB’s independence resulted in the Seila Law decision, in which the Supreme Court ruled that the president had to be able to fire the CFPB director without cause, […]

CFPB director reports to Congress on agency’s activities and yes, its funding

Consumer Financial Protection Bureau Director Rohit Chopra appeared before the U.S. Senate Banking Committee Wednesday, and the U.S. House Committee on Financial Services on Thursday, to testify on the CFPB’s semi-annual report to Congress. The hearings took place a few weeks after the Supreme Court confirmed that the Bureau’s congressionally-designated funding via the Federal Reserve […]

CFPB proposes rule removing medical bills from credit reports

Yesterday, the CFPB announced a proposed rule that would remove medical bills from most credit reports and add other limitations on the use of medical debt in lending. The agency’s press release is available here, and the proposed rule is available here. Comments will be open until at-least mid August.

DC Federal Court Remands “Junk Fee” Challenge Due to Lack of Article III Standing

Travelers United is a DC-based nonprofit that has sued a number of travel and hospitality providers for putative violations of DC’s consumer protection laws. In one recent case, the organization sued Hilton for their “deceptive Junk Fee practices” that “trick consumers into paying more” to book a hotel room “than they otherwise would.” Travelers United […]

Is the CFPB facing still another challenge?

Shortly after the Supreme Court upheld the CFPB’s constitutionality in the CFSA case, Harvard Emeritus Professor Hal Scott published an op-ed in WSJ, The CFPB’s Pyrrhic Supreme Court Victory (behind paywall) claiming that the CFPB has still another problem to deal with. Professor Scott’s essay, along with another piece posted on a Federalist Society website […]

Is payday lending the fentanyl of consumer lending?

Some years back, I had major surgery. When I woke up after the surgery, I was on fentanyl for pain relief. The following day, I was stepped down to morphine. Morphine was less effective at blocking the pain, but the staff explained that it was too risky to keep me on fentanyl. And in the […]

Private lender Navient has secret debt discharge program tied to school misconduct

Since 1994, the Department of Education has had a process for discharging federal student loan debt where students show they were defrauded or misled by the schools they attended- referred to as the “borrower defense” process. The Biden Administration’s borrower defense rule is currently on hold as a result of a Fifth Circuit opinion. But even […]

Should banks bear the burden of Zelle scams?

Zelle scams have been drawing a lot of attention lately.  For example, Penny Crosman has an article in the American Banker, Inside a Zelle fraud that almost lost a Florida consumer $3,500 (behind paywall but available on Lexis); she also discusses it on the Banking with Interest podcast. The Electronic Fund Transfers Act enables consumers […]