News & Analysis as of

UDAP FTC Act Section 5

Venable LLP

CFPB to Launch Registry of Nonbank Enforcement Actions

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In a move that's sure to make nonbank financial institutions even more uncomfortable, the Consumer Financial Protection Bureau (CFPB) has decided to shine a brighter light on those that have been alleged to violate consumer...more

Ballard Spahr LLP

FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”

Ballard Spahr LLP on

On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to...more

Ballard Spahr LLP

FTC announces ambitious rulemaking agenda that includes UDAP rules

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The FTC has announced that it plans to move forward on an ambitious rulemaking agenda.  In contrast to the CFPB’s Fall 2021 rulemaking agenda which offered no meaningful insights into the Bureau’s rulemaking plans in many key...more

Ballard Spahr LLP

FTC looks to Section 5 penalty offense authority in sending notices to for-profit schools that outline practices found to be...

Ballard Spahr LLP on

The FTC announced yesterday that it has sent a “Notice of Penalty Offenses” to 70 for-profit higher education institutions that outlines a number of practices that the FTC has previously found to be unfair or deceptive....more

Ballard Spahr LLP

FDIC fines bank $1.8 million for UDAP violations in collecting commercial debt

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The FDIC’s settlement with Umpqua Bank announced yesterday is notable because the bank’s collection practices found to be unfair and deceptive involved commercial equipment financing offered by the bank’s wholly-owned...more

Troutman Pepper

FTC Investigation Highlights: Small Business Lending Risks

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On May 23, the FTC launched an investigation into unfair or deceptive practices in the small business financing industry. Press reports of this investigation emphasized the investigation’s relevance for online lenders and...more

Troutman Pepper

FTC Investigates Small Business Financing Based On Expansive View Of UDAP Authority

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On May 23, the FTC launched an investigation into potentially unfair or deceptive practices in the small business financing industry, including by merchant cash advance providers. Although the launch of the investigation was...more

Bricker Graydon LLP

FTC takes action and fines loan servicer: How to avoid being the subject of the next case

Bricker Graydon LLP on

Loan servicers, beware! The Federal Trade Commission (FTC) recently issued a large fine to a loan servicer, based on Unfair or Deceptive Acts or Practices (UDAP) standards. ...more

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