Earlier this week, the U.S. Court of Appeals for the Ninth Circuit gave the CFPB a major victory in its long-running fight against a payday lender that had sought to evade state usury limits and licensing laws by originating its loans through an entity owned by a member of a Native American tribe using agreements […]
The lending practices of EasyPay Finance and Utah-based Transportation Alliance Bank (TAB Bank) are hurting military servicemembers, veterans, and their families, according to a new report from a coalition of consumer advocacy groups released in advance of Memorial Day. The report is here.
The Federal Trade Commission has issued a call for research presentations on a wide range of privacy and data security topics such as commercial surveillance and automated decision making for its annual PrivacyCon event, which will take place virtually on November 1, 2022. PrivacyCon 2022 will bring together a diverse group of stakeholders to discuss […]
A consumer plaintiff notched a rare Supreme Court win in a Federal Arbitration Act decision this morning, Morgan v. Sundance Inc. The first three paragraphs of Justice Kagan's unanimous opinion sum things up nicely: When a party who has agreed to arbitrate a dispute instead brings a lawsuit, the Federal Arbitration Act (FAA) entitles the […]
The American Banker reports: “The Consumer Financial Protection Bureau again faces an existential threat in the courts — this time over whether the agency’s funding by the Federal Reserve System is constitutional. Earlier this month, five judges on the U.S. Court of Appeals for the Fifth Circuit signaled their view that the CFPB’s funding mechanism […]
CFA has posted this job announcement: The Consumer Federation of America, one of the nation’s leading nonprofit consumer advocacy organizations, is seeking an energetic, proactive person to be Communications Director. This person will be responsible for leading, developing, and overseeing CFA’s communications strategic plan to advance the advocacy policy agenda and promote the programmatic work […]
A Federal Trade Commission Consumer Alert warns about baby-formula scans and offers advice, here.
by Jeff Sovern I am grateful to Alan Kaplinsky for commenting on two of my earlier posts, Whither Arbitration Regulation? and Why the CFPB is right that it can act against discrimination using its unfairness power. One of Alan’s posts is titled Why the CFPB’s expansion of its UDAAP authority to target discrimination requires rulemaking. In the other […]
Join the Washington D.C. ACS Lawyer Chapter for a discussion on the Supreme Court's decision in AMG Capital v. FTC. The panel discussion — a Zoom webinar — is on Thursday, May 26, 2022 from 12:30PM – 1:30PM ET. Register here. The panelists will discuss the background of the case, it's impact on the agency, […]
Aaron L. Nielson of Brigham Young has written What Happens If the FTC Becomes a Serious Rulemaker? forthcoming in FTC's Rᴜʟᴇᴍᴀᴋɪɴɢ Aᴜᴛʜᴏʀɪᴛʏ (Concurrences 2022). Here's the abstract: The Federal Trade Commission (FTC) is no one’s idea of a serious rulemaker. To the contrary, the FTC is in many respects a law enforcement agency that operates […]