FTC deals with cumbersome subscription models of gyms, dating sites

The Federal Trade Commission this week sued fitness operators Fitness International LLC and Fitness & Sports Clubs, LLC for using cancellation procedures that made it difficult for consumers to unsubscribe from their monthly memberships. The complaint alleges that the gyms’ practices have incurred hundreds of millions of dollars in unwanted recurring charges. According to the […]

A Comment on the Debanking Debate

Over at the Consumer Finance Monitor blog, Alan Kaplinsky has questioned the legal authority for President Trump’s Executive Order barring so-called debanking; that is, when banks close bank accounts based on someone’s political views. The blog post argues that to the extent that the EO is based on the CFPB’s and FTC’s unfairness powers, it […]

Has the Roberts Court destroyed consumer law disclosure requirements?

That’s one of the many issues raised by Seth Frotman & Brad Lipton’s short article in the California Law Review Online, The Greatest Trick John Roberts Ever Pulled: Convincing the World that Rigged Courts Are Neutral. Here’s some of what they say about disclosures: [T]he Roberts court has destroyed any justification for a disclosure-based consumer protection […]

Sixth Circuit rejects challenges to FCC data breach rule

In 2024, various telecom industry associations sued the FCC in the Sixth Circuit, challenging an order that imposed reporting requirements in the event of data breaches involving consumers’ personally identifiable information. Last week, the Sixth Circuit rejected those challenges. First, it held that the order was within the scope of the FCC’s authority under the […]

Divided California Supreme Court holds non-payment arbitration waiver not preempted

Last Monday, the California Supreme Court issued its decision in Hohenshelt v. Superior Court of Los Angeles County, and held that California Code of Civil Procedure section 1281.98, a provision of the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations, is not preempted by the Federal Arbitration Act. That provision […]