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2023 Payments Year in Review: Subscriptions, FedNow, and More! — Payments Pros: The Payments Law Podcast [Audio]

In the second and final installment of our two-part Payments Year in Review series, Keith Barnett, Carlin McCrory, and Josh McBeain continue their discussion around the payments landscape of 2023 and their predictions for...more

Troutman Pepper's 2023 Payments Year in Review

Financial institutions and financial technology businesses, including payment processors and money transmitters, are experiencing increased regulatory scrutiny while trying to remain innovative and ahead of the curve....more

CFPB’s Office of Servicemember Affairs Issues Annual Report Highlighting Complaints Related to Payment App Fraud

On June 20, the Consumer Financial Protection Bureau’s (CFPB or Bureau) Office of Servicemember Affairs published its Annual Report analyzing complaints submitted by servicemembers, veterans, and their families in 2022. The...more

FTC Reaches $16 Million Settlement With Payment Processors Over Alleged Credit Card Laundering

The Federal Trade Commission (FTC) has reached a settlement with Nexway, Inc. (Nexway), its affiliated companies, and officers for allegedly facilitating tech support scams in violation of Section 5 of the FTC Act and the...more

OCC and FDIC Issue Separate Guidance on Overdraft Fees

On April 26, both the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) issued separate advisories warning against the risks associated with overdraft fees, particularly...more

FTC Advances Negative Option Rulemaking Agenda, Eyeing Broader Regulation of Subscriptions and Automatic Renewals

Today, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking with the stated intent to make it easier for consumers to cancel recurring subscriptions and memberships. This rulemaking is part of the FTC’s...more

Crypto Year in Review 2022 - CFPB and FTC Enforcement Trends - The Crypto Exchange Podcast [Audio]

In the first of a four-part Crypto Year in Review series, Carlin McCrory, Keith Barnett, and Ethan Ostroff look at how the CFPB and FTC viewed and regulated cryptocurrency in 2022. The panel examines statements by CFPB...more

CFPB and FTC File Amicus Brief on Servicemembers’ Right to Sue Under the Military Lending Act

On November 21, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) filed a joint amicus brief in Louis v. Bluegreen Vacations Unlimited, Inc., No. 22-12217 (11th Cir.) regarding servicemembers’...more

FTC Fines Vonage $100M for “Junk Fees” and Using “Dark Patterns” to Make It Hard for Consumers to Cancel

The Federal Trade Commission (FTC) reached a $100 million settlement with Vonage over allegations that the internet phone service provider violated the FTC and Restore Online Shoppers’ Confidence Act (ROSCA) by adding “junk...more

Merchants Are Now Consumers? FTC Settles Action Against Payment Processor After Alleging Its Merchants Are "Consumers"

On July 29, the Federal Trade Commission (FTC) filed a complaint and executed a stipulated order with payment processor First American Payment Systems LP (First American) and companies that market its services — Eliot...more

14 Years Later: Ringleaders of Publisher’s Business Services Subscription Scam Finally Held Accountable

On May 25, the Federal Trade Commission (FTC) entered a Stipulated Order for Monetary Judgment against Publishers Business Services, Inc. (PBS), and its officers, Brenda Dantuma Schang, Dries Dantuma, Dirk Dantuma, and...more

FTC Enters Consent Agreement with Payment Processor for Opening Merchant Accounts for Fictitious Companies

On March 15, the Federal Trade Commission (FTC or Commission) released a consent agreement with Electronic Payment Systems and its owners John Dorsey and Thomas McCann (collectively, EPS) for allegedly opening credit card...more

FTC Settles with Autorenewal Company MyLife.com

On December 15, a district judge in California approved a settlement between MyLife.com, Inc. (MyLife), its CEO Jeffrey Tinsley, and the Department of Justice (DOJ) on behalf of the Federal Trade Commission (FTC). The...more

FTC to “Ramp Up Enforcement” on Subscription Services

On October 28, the Federal Trade Commission (FTC) issued a new policy statement on autorenewal and negative option marketing....more

FTC Reports to Congress on Data Security and Privacy Priorities

On September 13, the Federal Trade Commission (FTC) released a report to Congress that highlights the agency’s recent efforts to protect Americans’ privacy, announces the agency’s priorities for future data security and...more

Rohit Chopra Confirmed as New CFPB Director

On September 30, the Senate confirmed Rohit Chopra as the new director of the Consumer Financial Protection Bureau (CFPB). Chopra’s confirmation marks the beginning of his second stint with the CFPB — Chopra served as the...more

Senators Urge FTC to Craft Data Privacy and Security Rules

On September 20, nine Democratic senators wrote a letter to the Federal Trade Commission (FTC), requesting that it create new rules to protect consumers’ personal data and privacy....more

Biden to Nominate Privacy Advocate Alvaro Bedoya as an FTC Commissioner

On September 13, President Biden announced his intent to nominate privacy advocate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission (FTC). If confirmed, Bedoya will take the seat currently held by...more

BBB’s Children’s Advertising Review Unit Announces Updated Guidelines

On July 29, the Better Business Bureau’s Children’s Advertising Review Unit (CARU) issued revised guidelines for ads directed to children....more

House Passes Bill to Restore FTC’s Authority to Seek Monetary Remedies

On July 20, the U.S. House of Representatives passed legislation that would restore the Federal Trade Commission’s (FTC) ability to obtain equitable monetary remedies under Section 13(b) of the FTC Act. The legislation — H.R....more

FTC Green Lights Investigations of Key Enforcement Targets

On July 1, the Federal Trade Commission (FTC) voted to approve seven omnibus resolutions authorizing staff attorneys to use compulsory process to investigate key enforcement targets. The vote fell along party lines, with...more

Republican FTC Commissioner Agrees to Privacy Rulemaking

On June 23, Commissioner Christine Wilson, a Republican appointee, confirmed that she has agreed to use the Federal Trade Commission’s (FTC) rulemaking authority to craft comprehensive data privacy regulations. With...more

Big Tech Critic Lina Khan Confirmed and Sworn In as New FTC Chair

On June 15, the Senate voted (69-28) to confirm Lina Khan as the newest commissioner on the Federal Trade Commission (FTC). And just hours later, President Biden named her as the new chair of the agency. As we previously...more

FTC Requests Congress to Restore Consumer Redress After AMG Capital Management Decision

The Federal Trade Commission (FTC) is acting swiftly to restore its authority to obtain consumer redress under Section 13(b) of the FTC Act after the Supreme Court’s recent decision in AMG Capital Management, LLC v. FTC,...more

Unanimous Court Cuts FTC's Power to Seek Monetary Redress

On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,...more

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