Often, consumers are arguing that they cannot be bound to certain terms because they never saw them, or lacked a sufficient opportunity to review them, before entering into a relationship with a business. Today, the Eleventh Circuit addressed a different scenario — where a company was arguing that the terms and conditions it presented to […]
A home equity line of credit, or “HELOC,” is a loan product that allows a consumer to borrow money, using their equity in their home as collateral. William Lyons had taken out a HELOC from a predecessor to PNC Bank. Years later, PNC withdrew money from Lyons’ deposit account to offset outstanding payments on the […]
Finalizing a rulemaking began in November 2022, the FTC yesterday unanimously approved a rule that (1) prohibits fake or false consumer reviews and testimonials, including those generated by AI and influencers; (2) prohibiting businesses from paying consumers for reviews based on their expressing a particular sentiment; (3) requiring reviews and testimonials written by company insiders […]
In 2018, a consumer brought a putative FDCPA class action based on a letter naming the collection arm of her credit card company, rather than the credit card company itself, as the “current/original creditor.” A federal district court granted the defendant’s motion to compel arbitration, and the parties arbitrated the dispute. After 4 years of […]
In 2021, a group of consumers sued Amazon, alleging that Amazon violated Washington’s Consumer Protection Act “by charging consumers grossly inflated and thus ‘unfair’ prices during the COVID-19 pandemic.” A federal district court certified to the Washington Supreme Court whether the state law’s “prohibition on “unfair” acts or practices comprehend a price gouging claim of the […]
Today, the CFPB released a report about a form of home seller financing called “contract-for-deed” financing, under which the seller agrees to turn over a home’s deed only after the buyer completes a series of payments. The report found that such deals often involve inflated home prices, high interest rates, and balloon payments — and […]
Today, ProPublica published a story about the lending activity of the Lac du Flambeau Band of Lake Superior Chippewa Indians, a Wisconsin tribe whose various companies generated than 2,200 consumer complaints to the FTC since 2019 — more than any other tribe in recent years. The Tribe’s affiliated entities regularly issued online loans with annual […]
Here (behind paywall). it would be a ballot referendum. The argument in favor of the referendum is that it would protect clients from lawyers charging excessive fees. Here’s an excerpt from the article: Many legal experts said a ceiling of 20 percent would make it financially difficult for many lawyers to take on complex cases […]
Christopher Lewis Peterson of Utah and Jeffrey Paul Ehrlich of St. Thomas University and McGuireWoods LLP have written Corrupt Joint Ventures in the Market for Residential Real-Estate-Settlement Services. Here’s the abstract: Closing costs in residential-real-estate sales have long acted as a significant barrier to American home ownership. In the Real Estate Settlement Procedures Act of 1974 […]
As the country turns to clean and efficient energy alternatives, federal consumer agencies have come together to warn consumers about fraud and misconduct in the residential solar panel market. The U.S. Department of the Treasury, the Consumer Financial Protection Bureau, and the Federal Trade Commission released consumer advisories advising the public on how to spot […]