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, […]

CFPB report: junk fees in online payment of school meals

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 […]

CFPB reports on fees charged by school lunch payment platforms

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 […]

CFPB Addresses NDAs and Whistleblowers

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 […]

Consumers’ Research Attacks the CPSC’s Constitutionality

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, […]