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Staying Ahead of State Attorneys General Enforcement Trends

As federal enforcement and regulatory actions evolve under the current administration, state attorneys general (State AGs) are taking an active role in responding to the changes, with support or challenges in alignment with...more

Executive Order on Live Entertainment Ticketing Signals Continued Enforcement of Unfair Pricing

The president recently issued an executive order (Order), targeting allegedly unfair pricing practices such as “scalping” and “junk fees” in live entertainment ticketing. The Order prioritizes enforcement of price...more

Massachusetts Attorney General Issues Expansive ‘Junk Fees Rule’

The Attorney General of Massachusetts recently promulgated rules expanding the scope of its enforcement against alleged “junk fees,” including business practices for consumer subscriptions, renewals, and recurring charge...more

CFPB Releases Guidance for States on Strengthening Consumer Protection Under New Administration

The Consumer Financial Protection Bureau (CFPB) issued guidance on the eve of the transition to a new administration that serves as a roadmap for state governments—especially attorneys general and, notably, private contingent...more

Executive Order Pauses All Pending Rulemaking Activity for Federal Agencies: Impact on CFPB

President Donald Trump’s executive order titled Regulatory Freeze Pending Review directs federal agencies to stop all rulemaking activity pending within the agency and to consider all rules already published as paused for 60...more

FTC Issues Final ‘Junk Fees Rule’ to Crackdown on Aggressive Pricing Practices

The Federal Trade Commission (FTC or Commission) recently issued a final rule (the Junk Fees Rule or the Rule) banning so-called “junk fees” in two key industries: short-term lodging and live events. The Rule addresses...more

Attorneys General Allege SEC Overreach in Digital Asset Regulation

A complaint was recently filed by 18 state attorneys general and the DeFi Education Fund against the US Securities and Exchange Commission (SEC), alleging that the agency is exceeding its authority by attempting to regulate...more

Earned Wage Access: New California Regulations Underline Patchwork Approach to Industry

By approving a framework regulating earned wage access (EWA), California contributes to a state-by-state patchwork of EWA regulation. With the future of federal action uncertain, EWA providers will have to navigate this...more

The Pendulum Swings: Role of State Attorneys General to Increase as Federal Control Changes

With the election of Donald Trump as president, we anticipate increased activism by Democratic state attorneys general in the form of legal challenges to his administration and the exercise of independent state authority in...more

FTC ‘Click-to-Cancel’ Rule Requires Canceling Recurring Charges to Be as Easy as Signing Up

The Federal Trade Commission (FTC) recently issued its Final Rule requiring businesses subject to its authority to establish equivalency between the ease of signing up and canceling subscriptions, memberships, and other...more

The Evolving Landscape of Digital Goods Ownership: California’s Digital Marketplace Law AB 2426

The distinction between owning and licensing digital goods has become blurred in an era increasingly dominated by digital transactions. While traditionally consumers purchasing physical items such as books and video games...more

CFPB Portal for State and Local Orders Opens: Risks Remain

The Consumer Financial Protection Bureau (CFPB) recently promulgated a final rule requiring certain nonbank financial companies to register public orders issued by federal, state, or local agencies that contain prospective...more

Philadelphia Enacts Ordinance to Protect Residents From Unfair or Deceptive Trade Practices

Philadelphia joins other major US cities in passing a local law to address consumer fraud and abuse. With its newfound enforcement authority, the Philadelphia Law Department can investigate and initiate legal action against...more

CFPB Finalizes New Rule to Monitor Nonbank ‘Repeat Offenders’

The Consumer Financial Protection Bureau (CFPB) recently finalized its proposed rule to create a so-called “Repeat Offender” registry for certain covered financial services providers and individuals violating federal, state,...more

CFPB Expands ‘Junk Fee’ Crackdown to Mortgage Closing Costs

Following a recent call for consumer input, the Consumer Financial Protection Bureau (CFPB) announced it will launch a formal public inquiry into so-called “junk fees” that the Bureau claims may be increasing mortgage closing...more

US Airline Industry Regulatory Updates: Avoiding Thunderheads in New FAA Reauthorization

The US aviation industry has been in the headlines recently with the passage of a comprehensive bill to authorize funding of the Federal Aviation Administration (FAA) for five more years as well as Department of...more

US Supreme Court Upholds Consumer Financial Protection Bureau Funding Structure

The US Supreme Court ruled on May 16, 2024 that the funding structure of the Consumer Financial Protection Bureau (CFPB)—which is funded with money from the Federal Reserve rather than the US Congress—does not run afoul of...more

CFPB Identifies Significant Financial and Privacy Risks in Video Gaming Marketplaces

The Consumer Financial Protection Bureau (CFPB) recently released a comprehensive report detailing growing financial transactions within video gaming and virtual worlds, which increasingly mimic traditional monetary systems....more

State Attorneys General Fly into Previously Federal Airspace

The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer...more

Mitigating the Risk from ‘Junk Fees’

Increases in enforcement and private litigation relating to what federal and state authorities have termed “junk fees” pose a growing challenge to businesses across geographies and sectors, as evidenced by the recent uptick...more

Recent Crackdown on Junk Fees: Federal, State, and Private Actions

What Are Junk Fees? “Junk fees” refer to the broad swath of fees and charges, often mandatory, that are not included in the initial offered price of a good or service. Common examples include mandatory fees charged by hotels,...more

FTC’s Final ‘Cars Rule’ on Dealer Sales Practices: Implications for Banks, Auto Finance, and ‘captives’

The Federal Trade Commission recently issued a final rule that is squarely aimed at changing the way dealers interact with customers in the financing process. The final rule takes effect on July 30, 2024....more

US State Attorneys General Seek Use of Federal Cudgel Against Banks

The attorneys general of 20 states and territories, led by New York Attorney General Letitia James, recently sent letters to the heads of the US Consumer Financial Protection Bureau (CFPB) and US Office of the Comptroller of...more

Federal, State Agencies Want to Dump Junk Fees: How to Manage Business Risk

Businesses should be aware that the Biden administration continues its attempt to curb junk fees, with additional actions proposed by the Federal Trade Commission and Consumer Financial Protection Bureau....more

Biden Issues Sweeping Executive Order Presenting Opportunity and Risk for AI

President Joseph Biden issued an executive order on October 30 designed to protect against the risks of artificial intelligence (AI) while encouraging the global growth and expansion of AI development and use....more

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