News & Analysis as of

Consumer Protection Laws Enforcement Actions

Eversheds Sutherland (US) LLP

FTC says (uninformed) silence is not assent: “Click to cancel” final rule is here

On October 16, 2024, and by a 3-2 vote of its commissioners, the Federal Trade Commission (FTC) issued a broad-reaching final “click to cancel” rule (Rule), updating its Negative Option Rule, that could subject companies to...more

Perkins Coie

With Operation AI Comply, the FTC Steps Up AI Enforcement

Perkins Coie on

The Federal Trade Commission (FTC) recently announced several enforcement actions and proposed settlements as part of a new sweep it calls “Operation AI Comply.” These cases appear focused on companies that the FTC alleges...more

A&O Shearman

Zooming in on AI - #7: AI under financial regulations in the U.S., EU and U.K. - a comparative assessment of the current state of...

A&O Shearman on

This is the final note in a three-part series on the regulation of artificial intelligence in the financial services sector in the United States, the European Union and the United Kingdom. Our first note, we provided a...more

WilmerHale

The FTC Cracks Down on Unfair and Deceptive Practices Involving the Use of AI

WilmerHale on

On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more

Sheppard Mullin Richter & Hampton LLP

CFPB Settles Action Against Student Loan Servicer with Industry Ban

On September 12, 2024, the Consumer Financial Protection Bureau (CFPB) filed a proposed order which, if entered by the court, will ban a student loan servicer from servicing federal student loans and require it to pay $120...more

Sheppard Mullin Richter & Hampton LLP

New Hampshire AG Announces New Data Privacy Unit

The privacy space continues to evolve with the announcement of the new Data Privacy Unit within New Hampshire’s Consumer Protection and Antitrust Bureau. This new unit will enforce New Hampshire’s Data Privacy Act, which...more

Sheppard Mullin Richter & Hampton LLP

CFPB Settles Action against Third-Party Service Provider Supporting Credit Repair Industry

On August 8, the CFPB filed a proposed order to resolve its 2021 lawsuit (previously discussed here) against a California-based software company and its CEO for their role in helping credit repair businesses charge illegal...more

Sheppard Mullin Richter & Hampton LLP

Allegedly Deceptive Credit Repair Scheme Settles with FTC for $12 Million

On August 7, the CFPB issued a report and a consumer advisory highlighting predatory practices in solar lending. On the same day, the FTC released a blog post emphasizing similar concerns....more

Sheppard Mullin Richter & Hampton LLP

FTC Settles Action Against Online Career-Training Company for Deceptive Advertising

On July 29, the FTC filed a stipulated order settling claims against an online career-training company on the grounds that it engaged in deceptive advertising. In addition to injunctive relief barring the company from...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holding That SEC Actions Seeking Civil Penalties for Securities Fraud Must Be Heard by a Jury Calls Into Question...

In Securities and Exchange Commission v. Jarkesy, the U.S. Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission] seeks civil penalties against him...more

Mayer Brown

Discussing Consumer Protection Risk with John Sonsalla and Hugo Dante

Mayer Brown on

In this episode, Matt Bisanz interviews John Sonsalla and Hugo Dante of Washington Analysis to discuss developments in the world of consumer protection risk....more

Sheppard Mullin Richter & Hampton LLP

CFPB Takes Legal Action Against PHEAA for Chasing Debt on Discharged Student Loans

On May 31, the CFPB filed suit in federal court in the Middle District of Pennsylvania against a Pennsylvania-based student loan servicer accusing it of illegally pursuing student loan debts discharged in bankruptcy and...more

A&O Shearman

U.K. consumer enforcement overhaul

A&O Shearman on

The Digital Markets, Competition and Consumers Act 2024 will result in a landmark overhaul of the U.K. consumer protection regime. It will dramatically increase the Competition and Markets Authority (CMA's) enforcement powers...more

Goodwin

Massachusetts Attorney General Settles Claims Against California-Based Financing Company for $625,000

Goodwin on

​On May 22, 2024,​ the Massachusetts Attorney General (MA AG) announced it entered into an Assurance of Discontinuance (AOD) with a California-based financing company resolving allegations of violations of the Massachusetts...more

Hudson Cook, LLP

"OVER THE LINE!"  Where Banking and Gaming Intersect, the CFPB Has Something to Say.

Hudson Cook, LLP on

The line between virtual and reality is getting thinner. Gamers pay gaming companies real currency for virtual in-game currency to buy skins, create the world they want to live in (virtually), or purchase loot that aid in...more

Orrick, Herrington & Sutcliffe LLP

FTC report to Congress suggests legislative enhancements on consumer protection

On April 10, the FTC issued a report addressed to Congress detailing its efforts to collaborate with state attorneys general (AGs) from across the U.S. on consumer protection law enforcement goals. The report, titled “Working...more

Foley Hoag LLP - State AG Insights

Massachusetts AG Campbell Issues Advisory on Artificial Intelligence

Last month, we recapped the recent activity of state Attorneys General in the artificial intelligence (AI) space, including relevant enforcement actions, state legislative and policy development, and coalition letters to...more

Farella Braun + Martel LLP

FTC Enforces Against Non-US Entity, But Is a U.S.-Based Physical Presence a Necessary Predicate?, Nate Garhart

The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy rights through Section 5 of the FTC Act. The linked article highlights such enforcement...more

Troutman Pepper

Pennsylvania AG Settles With Debt Services Law Firm

Troutman Pepper on

Pennsylvania Attorney General (AG) Michelle Henry reached a settlement with attorney Erik Helbing and his business, Helbing Law Group, LLC, resolving allegations of deceptive advertising practices and failure to effectively...more

Sheppard Mullin Richter & Hampton LLP

CFPB Brings String of Enforcement Actions to Round Out 2023

In December, the CFPB brought a series of three separate enforcement actions against several financial services companies alleging a range of violations of federal consumer protections laws....more

McDermott Will & Emery

And We’re Back: New Jersey Kicks Off 2024 With New Consumer Privacy Law

McDermott Will & Emery on

On January 8, 2024, the New Jersey legislature passed the New Jersey Data Privacy Act (NJDPA). The bill, SB 332, will soon head to Governor Phil Murphy’s desk for signing. Assuming the bill is signed quickly, it will go into...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Manatt, Phelps & Phillips, LLP

[Webinar] 2023 Health Care Enforcement Trends: Spotlight on Consumer Protection, Antitrust and Fraud - December 13th, 1:00 pm -...

In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more

Troutman Pepper

Connecticut AG Asserts Claim Against Nursing School Owners

Troutman Pepper on

On October 23, an amended complaint was filed by the Connecticut Office of the Attorney General (AG), alleging that Stone Academy, a nursing school, and its owners, Joseph Bierbaum and Mark Scheinberg, used millions of...more

Sheppard Mullin Richter & Hampton LLP

AI Under the Antitrust Microscope: Competition Enforcers Focusing on Generative AI from All Angles

As generative AI becomes an increasingly integral part of the modern economy, antitrust and consumer protection agencies continue to raise concerns about the technology’s potential to promote unfair methods of competition....more

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