Ninth Circuit issues mixed decision on tenant criminal history restrictions

The City of Seattle passed the Fair Chance Housing Ordinance, which prohibits landlords from (1) inquiring about the criminal history of current or potential tenants and (2) from taking adverse action based on that criminal history. In a split decision yesterday, the Ninth Circuit found the “inquiry” provision unconstitutional under the First Amendment, but upheld […]

Study finds credit score changes affect default rate even if underlying record hasn’t changed

Amiyatosh Purnanandam, and Alexander Wirth, both of the University of Michigan, Stephen M. Ross School of Business, have written Can Credit Rating Affect Credit Risk? Causal Evidence from an Online Lending Marketplace. Here’s the abstract: Credit rating is determined by a borrower’s credit risk, but can the rating in itself change a borrower’s credit risk in […]

CFPB seeks public info on data brokers’ business

The Consumer Financial Protection Bureau wants to know more about data brokers and their practices, as these entities gather and sell consumers’ personal and private information. The CFPB requests public feedback including information about the entities that collect personal consumer data, the types of data collected, sources that data brokers use to collect information, their […]

Proposals for regulating ChatGPT and other generative AI

“While ChatGPT and generative AI’s powerful potential has sparked excitement, some experts worry that ChatGPT—which sometimes produces inaccurate responses—may spread misinformation. In addition, other experts have expressed concern that the tool may replace workers.” At The Regulatory Review, scholars compile scholarship discussing the potential harms of ChatGPT and evaluating ways to regulate generative AI. The […]

FCC establishes robotext protections

The Federal Communications Commission voted on Thursday to require providers that receive and deliver phone traffic to implement call authentication standards mandated under its STIR/SHAKEN robocall regime and to implement basic protections from problematic robotexts. Under the previous rules, only voice service providers that originate and terminate calls were required to implement analytical tools that […]

FTC to hold virtual panel discussion on FTC career opportunities

The panel, to be conducted by the Bureaus of Consumer Protection and Competition, will be on Tuesday, March 28, 2023 from 1:00 pm to 2:00 pm (EDT). Panelists include Alpa Davis, Health Care Division (BC), Eric Elmore, Mergers 2 Division (BC), Quinn Martin, Financial Practices Division (BCP), Rosario Mendez, Consumer & Business Education Division (BCP), Terry Thomas, Mergers 3 Division (BC), and Ricardo Woolery, Office of […]

Consumer issues affecting American Indian and Alaska Native communities

A new Federal Trade Commission report to Congress details the consumer issues that affect American Indian and Alaska Native (AI/AN) populations, as well as the FTC’s enforcement, outreach and education work on these issues. The report summarizes the agency’s efforts to hear directly from tribal leaders, community members, advocates, and others about issues affecting their […]

Casting doubt on availability of service awards, 2nd Circuit affirms massive interchange-fee settlement

Almost twenty years ago, various groups of merchants filed antitrust litigation against Visa, Mastercard, and banks that serve as payment-card issuers for those networks, tied to the “interchange fees” charged for each transaction. (In full disclosure, I worked on one of the district court cases over a decade ago. I remember close-to-nothing about the case.)  […]

Eleventh Circuit to Reconsider its Outlier View on TCPA Standing

Since its 2019 decision in Salcedo v. Hanna, which held that a Telephone Consumer Protection Act plaintiff who received only a single unwanted text message lacked standing to sue because he had not suffered an actual injury, the U.S. Court of Appeals for the Eleventh Circuit has been out of step with the other federal […]

James Nehf Article on Earned Wage Access

James P. Nehf of Indiana has written Fintech, Payday Loans and the Changing Landscape of Cash-Advance Consumer Credit in the United States, 10 Int’l J. Cons. L. & Practice 1 (2022). Here’s the abstract: High-cost, cash-advance or “payday” loans have plagued low-in- come consumers in the United States for several decades. With little regulation at […]