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Corporate Counsel Federal Trade Commission (FTC) Consumer Financial Protection Bureau (CFPB)

Wiley Rein LLP

DOJ Signals Tough Stance on Crimes Involving Misuse of Artificial Intelligence

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WHAT: Deputy Attorney General (DAG) Lisa O. Monaco delivered remarks at the University of Oxford in the United Kingdom on “the Promise and Perils of AI.” Her remarks focused on the U.S. Department of Justice’s (DOJ) use of...more

Troutman Pepper

FTC's Sensitive Location Privacy Collection and Sale Expectations: Insights From Data Broker Settlements (and 10 Action Items to...

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Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more

Kelley Drye & Warren LLP

Mounting Focus on Data Brokers: Is More Regulation Coming?

During the past year, there’s been a flurry of regulatory activity related to data brokers. Whether in Congress or state legislatures, at federal agencies or the White House, many policymakers are pushing in the direction of...more

Sheppard Mullin Richter & Hampton LLP

CFPB Forecasts New Rule Cracking Down on Consumer Data Sales

On August 15, CFPB Director Rohit Chopra announced plans for new CFPB rules that would strictly limit the types of consumer data that can be sold by businesses and ensure that data brokers comply with the Fair Credit...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

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Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Foley & Lardner LLP

NLRB Expands Focus to Worker Debt and Surveillance

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Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

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The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more

Sheppard Mullin Richter & Hampton LLP

CFPB: Negative Option Marketing Practices May Violate CFPA

On January 19, the CFPB issued Circular 2023-01 to affirm that companies offering “negative option” subscription services are required to comply with federal consumer financial protection laws. According to the Circular,...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

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Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Payment Platform as the Crack Down on Dark Patterns Continues

On October 18, 2022, the CFPB sued a software company that manages online payment platforms claiming that it utilized unlawful enrollment practices to cause unknowing consumers to automatically enroll in annual...more

Ballard Spahr LLP

CFPB Warns Failure to Safeguard Consumer Data May Be Unfair Act or Practice

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On August 11, the CFPB published a circular confirming that covered persons and service providers under the Consumer Financial Protection Act (CFPA) may violate the CFPA’s prohibition against unfair acts or practices when...more

Venable LLP

Latest CFPB Lawsuit Sheds Light on Digital Dark Patterns

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A lawsuit filed by the CFPB last week against a national credit reporting agency provides some insight into the types of website features and designs that regulators like the Consumer Financial Protection Bureau and Federal...more

Sheppard Mullin Richter & Hampton LLP

CFPB Flexes UDAAP Muscle Over Contractual “Gag” Clauses and Fake Consumer Reviews

On March 22, the CFPB issued Compliance Bulletin 2022-05 regarding potentially illegal practices related to consumer reviews. The guidance states that consumer reviews impact company revenue and help consumers choose between...more

Eversheds Sutherland (US) LLP

Federal Trade Commission signals increased focus on commercial collection and use of biometric data

In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more

Manatt, Phelps & Phillips, LLP

CFPB Taskforce Issues Report Setting High-Level Agenda and Priorities

The Consumer Financial Protection Bureau (CFPB) released its long-awaited two-volume Taskforce Report on Consumer Financial Law (the Report) as expected last week, following a yearlong effort. While advisory in nature, it is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term

On September 23, 2020, a panel of Skadden attorneys hosted a webinar entitled “Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term.” Panelists Julie Bédard, Boris Bershteyn, Jocelyn E. Strauber...more

Ballard Spahr LLP

SCOTUS To Decide Whether FTC Can Seek Restitution

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Last Thursday, in addition to agreeing to decide an issue of major significance under the Telephone Consumer Protection Act, the U.S. Supreme Court agreed to decide whether Section 13(b) of the Federal Trade Commission Act,...more

ArentFox Schiff

Study Shows Marked Increase in FCRA Cases, Downward Trend in Consumer Protection Litigation Overall

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The report uncovered a 100% increase in the number of lawsuits brought under the Fair Credit Reporting Act over the past ten years and revealed decreases in Truth-In-Lending Act cases. The report’s data, which represents...more

Davis Wright Tremaine LLP

Will Questions About FTC Enforcement Authority Shift Enforcement to CFPB?

In a decision that could have broad implications for the Federal Trade Commission’s (FTC) remedial authority, the 7th Circuit Court of Appeals recently overturned a $5 million restitution award to the FTC in a consumer...more

Mintz - Privacy & Cybersecurity Viewpoints

But Wait, There’s Less – Equifax Settlement Update

We know we told you yesterday about the Equifax settlement and how you could make a claim in connection with the breach. Well, consumers whose personal information was compromised in Equifax’s massive 2017 data breach are in...more

Mintz - Privacy & Cybersecurity Viewpoints

FTC and Equifax Reach Historic Settlement

The Federal Trade Commission (“FTC”), the Consumer Financial Protection Bureau, and 50 U.S. states and territories, have reached a global settlement agreement with Equifax Inc. (“Equifax”), according to which, Equifax agreed...more

Dorsey & Whitney LLP

Problems With the CFPB’s Argument: An Analysis of the D.C. Circuit Oral Arguments on Statute of Limitations

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What began as a challenge to the Consumer Financial Protection Bureau’s (“CFPB”) $109 million enforcement ruling against the mortgage company PHH Corp. (“PHH”) for alleged violations of the Real Estate Settlement Procedures...more

Ballard Spahr LLP

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

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The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

Ballard Spahr LLP

FTC Gets 3 Million Consumer Complaints in 2015

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The Federal Trade Commission (FTC) received more than 3 million consumer complaints in 2015 with debt collection topping the list, according to its newly released Consumer Sentinel Network Data Book. The annual report, which...more

K&L Gates LLP

Are Public Companies Required to Disclose that the Government is Investigating Them?

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For many public companies, the first issue they have to confront after they receive a government subpoena or Civil Investigative Demand (“CID”) is whether to disclose publicly that they are under investigation. Curiously, the...more

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