Predatory Crypto in Real Estate: Paper explores replacement of mortgage consumer protections with crypto

R Wilson Freyermuth of the University of Missouri at Columbia, Christopher K. Odinet of Iowa, and Andrea Tosato of the University of Nottingham, School of Law and Penn have written Predatory Crypto in Real Estate. Here is the abstract: Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. […]

NCLC announces new litigation director

The National Consumer Law center has announced that Shennan Kavanagh, currently the Chief of the Consumer Protection Division of the Massachusetts Attorney General’s Office, will be joining NCLC as its next Director of Litigation. Shennan will start next week and will work throughout 2023 alongside Stuart Rossman, NCLC’s longtime Director of Litigation, whom she will […]

Consumer law returns to the State of the Union Address!

Here is the section on consumer protection in President Biden’s speech: My administration is also taking on “junk” fees, those hidden surcharges too many businesses use to make you pay more. For example, we’re making airlines show you the full ticket price upfront and refund your money if your flight is cancelled or delayed. We’ve […]

CFPB addresses double dealing on digital mortgage comparison-shopping platforms

The Consumer Financial Protection Bureau has issued “an advisory opinion to protect Americans from double dealing on digital mortgage comparison-shopping platforms. Companies operating these digital platforms appear to shoppers as if they provide objective lender comparisons, but may illegally refer people to only those lenders paying referral fees. When shoppers use a lender that is […]

First FTC enforcement action under Health Breach Notification Rule

The Federal Trade Commission has taken its first enforcement action under its Health Breach Notification Rule, The action, filed against the telehealth and prescription drug discount provider GoodRx Holdings Inc., alleges that the company failed to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies. […]

8th Circuit: FECA does not preempt Minnesota consumer protection law

After receiving consumer complaints about its use of pre-checked recurring-donation checkboxes, the Minnesota Attorney General sent subpoenas and a civil investigative demand to WinRed, a so-called “conduit” political action committee (PAC). WinRed sought a preliminary injunction against the investigation in federal district court, arguing that Minnesota’s consumer protection laws were preempted by the Federal Election […]

Second Circuit rejects latest Takings Clause challenge to rent stabilization

As noted in today’s Second Circuit opinion, there have been nearly a dozen constitutional challenges to New York’s rent regulation regime over the years. The court of appeals rejected the latest challenge, brought by Mayer Brown on behalf of landlords, arguing that the rent-stabilization laws were facially unconstitutional as physical takings and irrational in violation […]

Are banks right that if banks charge less for late fees, consumers will pay more overall?

As Richard and Allison posted, the CFPB has proposed a new rule limiting the credit card late fee safe harbor to $8. And as is perfectly predictable, banks are angry about facing a restriction on late fee revenue. I want to comment on their arguments against the proposed rule. First some background: the Credit CARD […]

Tax filing companies’ use of customers’ data under scrutiny

What are online tax preparation companies doing with customers’ data? Members of Congress sent a letter this week urging the IRS to investigate. A report published last fall in the publication, The Markup, disclosed that online tax filing services were sending taxpayers’ identities and financial information to Facebook through code called Pixel. Specifically, it found […]