News & Analysis as of

Consumer Protection Laws

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

Payactiv

Late Fee Crunch: How Earned Wage Access Helps Consumers Avoid Penalties

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$23 billion. That’s how much Americans paid in late fees last year. When a payment is only a few days behind, late fees for credit cards, utilities, student loans, and rent pile up. And they have proliferated over the last...more

Venable LLP

California Bill Would Expand DFPI's Power to Police Financial Services Misconduct

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A new proposal in California, Senate Bill 825 (SB 825), is intended to strengthen the enforcement authority of the state's Department of Financial Protection and Innovation (DFPI) by clarifying that it can take action against...more

Venable LLP

Telemarketing and Texting

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

Jenner & Block

Microplastics Can Lead to Big Lawsuits

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Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence...more

A&O Shearman

FCA findings on multi-firm review of customers in vulnerable circumstances

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The UK Financial Conduct Authority (FCA) has published a webpage summarising the findings of its multi-firm review on retail banks' treatment of customers in vulnerable circumstances involving bereavement and power of...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Venable LLP

CFPB Narrows Supervision and Enforcement, Leaving Broader Focus to States

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The CFPB confirmed in a recent memo to staff that it is shifting its tone on supervision and enforcement—even as reports circulate about significant staffing cuts and potential structural changes at the agency. ...more

Katten Muchin Rosenman LLP

CFPB Suggests Shift In Supervision and Enforcement Priorities

On April 16, the Consumer Financial Protection Bureau (CFPB) seemingly provided its employees with a memorandum outlining its ongoing supervisory and enforcement priorities (Memo). Although the Memo has not been made publicly...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

Rascals advertises that the Hydrolock Core in its diapers ​“holds up to 25 x its weight” and ​“absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more

Mayer Brown

Arkansas and Utah Enact Laws to Regulate Earned Wage Access Providers

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Just days apart, Arkansas and Utah enacted laws to regulate providers of earned wage access (“EWA”) services, joining the handful of states that have enacted legislation to regulate these products since 2022. Arkansas House...more

Shipkevich PLLC

CFPB Memo Outlines New Supervision and Enforcement Priorities for 2025

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On April 16, 2025, Mark Paoletta, Chief Legal Officer of the Consumer Financial Protection Bureau (CFPB or the Bureau), issued an internal memorandum to CFPB staff outlining the agency’s supervision and enforcement priorities...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 9

Court in Crisco "Butter" False Ad Nixes Overbroad Proposed Classes - Despite surviving two motions to dismiss, an Illinois plaintiff alleging that Crisco falsely advertised its cooking spray as containing butter couldn't...more

Kelley Drye & Warren LLP

New Jersey Attorney General Sues Discord Over Youth Privacy Practices

Last week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #440 – Text Scam Proceeds Surpass $470M in 2024

I have been getting a lot of texts that are clearly scams, and those around me have confirmed an increase in spammy texts. According to an FTC Consumer Protection Data Spotlight, individuals lost over $470 million...more

Holland & Knight LLP

CFPB Announces New Supervision and Enforcement Priorities, Then Mass Layoffs Temporarily Halted

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CFPB Chief Legal Officer Mark Paoletta on April 16, 2025, issued the CFPB's latest staff memo outlining the agency's supervision and enforcement priorities. ...more

Venable LLP

Healthy or Not? FDA Explains New Standards in Latest Webinar

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On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more

Greenberg Glusker LLP

Washington Supreme Court Expands Reach of Anti-Spam Law

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The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more

Orrick, Herrington & Sutcliffe LLP

GAO report calls for improved federal coordination to combat scams

On April 8, GAO published a report titled “Consumer Protection: Actions Needed to Improve Complaint Reporting, Consumer Education, and Federal Coordination to Counter Scams” addressing the growing issue of scams targeting...more

Orrick, Herrington & Sutcliffe LLP

CFPB memo outlines supervision and enforcement agendas under new administration

On April 16, the CFPB’s Chief Legal Officer, Mark Paoletta, issued a memo outlining the CFPB’s 2025 supervision and enforcement priorities, explaining that the CFPB intends to focus resources towards threats to service...more

Orrick, Herrington & Sutcliffe LLP

Tennessee expands consumer protection against deceptive practices

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory...more

Orrick, Herrington & Sutcliffe LLP

Tennessee Act amends billing practices for service terminations

On April 11, Tennessee enacted SB 41 (the “Act”), which relates to consumer billing practices related to telephone, cable television, internet and broadband services. The Act regulates how service providers bill consumers...more

Orrick, Herrington & Sutcliffe LLP

Tennessee Act extends consumer transaction cancellation period

On April 11, Tennessee enacted SB 816 (the “Act”), focusing on protecting consumers from consumer reporting agency practices. The primary change is the amendment of Section 47-18-2108(b), stating that “a consumer reporting...more

Orrick, Herrington & Sutcliffe LLP

New York attorney general files two complaints against wage access providers

On April 14, the Attorney General (AG) for the State of New York filed two complaints in the New York State Supreme Court, alleging two earned wage access (EWA) providers violated civil and criminal usury provisions, as well...more

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