CFPB Releases Advisory Opinion and Report on Contract for Deed financing

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 […]

Wisconsin Tribe’s 600% APR Online Loans Leads to Proposed $1b Settlement

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 […]

NYT: Uber trying to get contingency fees capped at 20% in Nevada

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 […]

Peterson & Ehrlich paper on RESPA, corrupt joint ventures, and mortgage settlement services

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 […]

Federal agencies band together to warn against solar scams

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 […]

Busy week at the Federal Trade Commission

FTC Sends Nearly $1.9 Million in Refunds to Customers Harmed by Hey Dude’s Violations of the Mail Order Rule (8/6) FTC Action Leads to Permanent Bans for Scammers Behind Sprawling Credit Repair Pyramid Scheme (8/5) FTC Investigation Leads to Lawsuit Against TikTok and ByteDance for Flagrantly Violating Children’s Privacy Law (8/2) FTC Submits Comment to […]

CPSC finds Amazon Responsible for Recalls of Third-Party Sellers’ Products

In a unanimous decision issued yesterday, the CPSC held that Amazon is a “distributor” of certain unsafe products listed on its website, and sold by third-party sellers using the “Fulfilled by Amazon” program, and thus is responsible for recalls when those products are defective or fail to meet federal consumer product safety standards. The agency’s […]

Fifth Circuit Says DOT Can’t Really Regulate Airline Industry

American consumers hate hidden airline fees.  Unfortunately, siding with airlines, the Fifth Circuit yesterday held that DOT likely lacked authority to issue a rule that would require airlines to more clearly disclose fees associated with checked and carry-on baggage, and cancelling or changing flights. The order arose in a challenge to an April rule, discussed […]

DOL Fiduciary Rule Stayed

Earlier this year, the Department of Labor issued a rule that broadened the scope of circumstances when investment advisors were deemed to be acting in fiduciary roles with respect to workers’ retirement investments, and thus required to provide non-conflicted, honest, and loyal advice in the investor’s best interest. As they did with an Obama-era rule, […]