FTC obtains injunctions against telemarketing debt relief scam

In November 2022, the FTC brought a lawsuit against the operators of a telemarketing debt relief scheme based in Tennessee. Operating under a variety of trade names, the network had tricked consumers to part with tens of millions of dollars based on false promises to eliminate or substantially reduce credit card debt. This week, the […]

Essential Oils unsupported health claims are beyond “puffery,” 2nd Circuit holds

“Essential oils” have become very popular over the past few years, in part due to confusion that, in this context, “essential” does not mean “indispensable or necessary,” but rather refers to the means by which they are derived from plants. An essential oil company called Young Living had marketed its products as being “therapeutic-grade,” and […]

House Financial Services Committee passes bills to subject CFPB to appropriations process, turn CFPB into commission

Claire Williams at the American Banker has the story here (behind a paywall but available on Lexis). The bills now go to the full House but are unlikely to go anywhere in the Senate unless SCOTUS finds the CFPB’s funding to be unconstitutional, in which case it isn’t clear how Congress will respond. The article […]

CFPB official expresses concerns about BNPL dispute resolution

Payments Dive has the story here. Excerpt: “The biggest area we found of potential concern is disputes,” CFPB Program Manager Laura Udis said during a Monday panel discussion at the Nacha Smarter Faster Payments conference in Las Vegas. “We’ve seen that consumer concerns about disputes and billing is a high area of complaint to the […]

D.C. Circuit affirms dismissal of states’ antitrust claims against Facebook

Forty-six states, D.C., and Guam sued Facebook for violating antitrust laws based on its acquisitions of several competitors, and restrictions on developers of apps that linked to Facebook. The district court dismissed the action, and the D.C. Circuit today unanimously affirmed.  In so doing, the court held that the doctrine of laches does apply to […]

Federal agencies issue notice on fast-growing AI

As automated systems spread throughout the economy, federal agencies announce that they will use existing authorities to ensure compliance with the law. “We take seriously our responsibility to ensure that these rapidly evolving automated systems are developed and used in a manner consistent with federal laws,” said the heads of the Consumer Financial Protection Bureau, […]

FTC examines companies’ environmental claims

Politico reports: “As demand for sustainable products has skyrocketed, so have concerns about greenwashing. Public comments were due yesterday on the FTC’s first update in 11 years of its “Green Guides,” which are essentially advice for how companies can make environmental marketing claims. The nearly 60,000 comments shed light on what companies, industry trade groups […]

Becher and Benoliel article: Hidden Contracts

Samuel Becher of Victoria University of Wellington and Uri Benoliel of the College of Law and Business – Ramat Gan Law School have written Hidden Contracts, forthcoming in Brigham Young University Law Review. Here’s the abstract: Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency […]

Ohio Court Adopts Standard to Protect Anonymous Speakers Against Being Outed Based on Weak Claims

A trial judge in Cleveland has rejected a motion for discovery to identify the authors of various comments criticizing the police chief in Beachwood, a Cleveland suburb. (With the help of Cleveland lawyer Tom Haren, we filed an amicus brief  in the case) The court adopted what it described as a modified version of the […]

Ninth Circuit *Can* Believe It’s Not Butter…It’s a Spray

FDA regulations set out different “serving sizes” that should be used on nutrition labels for different categories of food. In the “Fats and Oils” category, regulations have different sizes for “Butter, margarine, oil, shortening,” “Butter replacement, Powder,” and “Spray types.” Consumers sued the makers of “I Can’t Believe It’s Not Butter! Spray” contending that the […]