Amazon, DOJ, and FTC agree to settle claims regarding Alexa recordings

The FTC has announced the filing and resolution of an action against Amazon, arising out of claims that the company wrongfully retained voice recordings and geolocation information of Alexa users, allowed Amazon employees to access voice information, failed to delete children’s information at the request of parents, and retained children’s personal information longer than necessary. […]

Sauce for the Goose on Mass Arbitration

The latest episode of Ballard Spahr’s Consumer Finance Monitor Podcast explores mass arbitration and includes as a guest arbitration champion Andrew Pincus, who argued the industry’s–and winning–position in Concepcion. As I listened to the podcast, which I recommend to those interested in consumer law, it became clear that one of Mr. Pincus’s chief complaints about […]

Can we call it “Opaque Patterns” instead of “Dark Patterns”?

The phrase “dark patterns” was invented by Harry Brignull and has been defined by the FTC as ““practices that trick or manipulate users into making choices they would not otherwise have made and that may cause harm.” Examples include web sites that makes it easy to purchase an ongoing service but that make it harder […]

No preemption here. FTC backs state-law privacy protections for children

In an amicus brief filed this week, the Federal Trade Commission once again stood up for children’s privacy protections under state law that are consistent with federal law and its regulations. The case, Jones v. Google, involved a group of children who, through their guardians ad litem, sued online video platform YouTube and its owner […]

Myriam Gilles article calls for private claim to enforce FTC Act

Myriam E. Gilles of Cardozo has written The Private Attorney General in a Time of Hyper-Polarized Politics, 65 Ariz. L. Rev. 337 (2023). Here’s the abstract: With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to […]

Citizens Bank settles CFPB lawsuit over credit card disputes

Yesterday, the CFPB announced that it has reached a settlement of a lawsuit filed in 2020 against Citizens Bank. The agency alleged that the bank failed to properly manage and respond to customers’ credit card disputes and fraud claims. The settlement includes a $9 million civil penalty, and an agreement that the bank will fix […]

Maybe Amazon’s prices are not so low

Read Amazon’s Pricing Paradox by Rory Van Loo and Nikita Aggarwal. Here’s the abstract: Amidst contentious debates about whether Amazon wields excess market power to harm competitors, one of the few things that most parties have agreed upon is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices […]

Online lending platform’s terms for tacked-on loan charges? “Tips” and “donations”

“Tipping” and “donating” have taken on a new meaning in high-interest online lending. Earlier this month, California, Connecticut, and the District of Columbia snagged SoLo Funds, Inc., an online lending platform, for deceiving consumers about the true cost of the loans it facilitated. According to the states and DC, the fintech required borrowers to pay […]

FTC sends $557,000 to consumers harmed by credit card rate reduction scam

The Federal Trade Commission is sending payments totaling more than $557,000 to consumers who paid money to GDP Network, LLC (YF Solution), a Florida-based telemarketing company that promised credit card interest rate reductions and regularly failed to deliver. The FTC and the State of Florida sued GDP Network and its owners in July 2020, alleging […]