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 […]
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 […]
Here (may be behind paywall). Disclosure: I am a member of the Editorial Advisory Board. The piece discusses possible challenges to the Bureau in Congress and the courts.
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, […]
One of the insidious sides of junk fees is that these charges tacked on to everyday goods and services are often hidden and mandatory. This is evident in the Consumer Financial Protection Bureau’s latest report, Costs of Electronic Payments in K-12 Schools, which describes the hidden fees in online processing systems that facilitate payment for […]
The Consumer Financial Protection Bureau has released a report on payment processing companies that help school districts process children’s school lunch payments. The CFPB explains: “These private companies process payments made by parents who may have limited or zero payment alternatives. With a captive customer base, these companies can have broad control over fees assessed […]
Many financial services companies require their employees to enter into broad nondisclosure agreements. Today, the CFPB issued a circular to law enforcement agencies and regulators explaining that such agreements are unlawful to the extent they prevent employees from disclosing misconduct or cooperating with investigations. The circular is available here, and the CFPB’s press release is […]
Jeff Overley has a report in Law360 (behind a paywall), Knives Out For Another Pro-Agency Landmark After Chevron, about how Consumers Research is seeking cert to bring its constitutional attack on the Consumer Product Safety Commission to the Supreme Court after even the Fifth Circuit upheld the CPSC’s constitutionality. CPSC commissioners can’t be removed without cause, […]
The Class Action Fairness Act provides for federal jurisdiction over “any civil action … in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact.” But what constitutes a “proposal” that cases be “tried jointly”? Today, […]
A federal court this month issued an order, in a case filed by the Federal Trade Commission, to temporarily stop a predatory student loan relief scam that targeted Puerto Rican, Spanish-speaking borrowers. According to the FTC’s complaint against USA Student Debt Relief/Start Connecting SAS, operating out of Florida and Cali, Colombia, these entities falsely represented […]