On October 20, the FTC announced an NPR with respect to “junk fees”, noting The FTC is concerned that junk fees are common in many sectors of the U.S. economy. The advance notice of proposed rulemaking announced today seeks public comment on the harms stemming from junk fees and associated junk fee practices and on whether a new rule would… Read More
The FTC announced an advanced notice of proposed rulemaking on commercial surveillance and security. “Commercial surveillance” is defined as the business of collecting, analyzing and profiting from consumer data. The FTC seeks public comment on implementation of new rules on how businesses "(1) collect, aggregate, protect, use, analyze, and retain consumer data, as well as (2) transfer, share, sell, or… Read More
On June 24, the FTC announced that purportedly is designed to fight deceptive advertising, crack down on bait-and-switch marketing, and put a stop to hidden add-on charges when consumers go vehicle shopping. According to the Notice posted in the Federal Register, FTC 6.23.22 Auto Rule NPRM, the NPR purports to The Federal Trade Commission (“FTC” or “Commission”) seeks comment on… Read More
On October 27, 2021, the Federal Trade Commission ("FTC") announced important updates to the Gramm-Leach-Bliley Act's (the "Act") primary consumer protection rules. Enacted in 1999, the Act implemented regulations on financial institutions with regard to consumer privacy and data security concerns. It includes two primary parts, or "rules": the Privacy Rule and the Safeguards Rule. The Privacy Rule limits disclosure… Read More
In Ftc v. Credit Bureau Ctr., No. 17 C 194, 2021 U.S. Dist. LEXIS 173180, at *3-7 (N.D. Ill. Sep. 13, 2021), Judge Kennelly allowed the FTC to amend its judgment to preserve a restitution award on an alternative legal theory after SCOTUS held in AMG Cap. Mgmt. that section 13(b) of the FTC Act did not afford a right… Read More
In FTC v. Am. Future Sys., No. 20-2266, 2021 U.S. Dist. LEXIS 83401, at *3-4 (E.D. Pa. Apr. 30, 2021), Judge Slomsky allowed the FTC to proceed on unfair debt collection claims against a debt collection agency collecting on business related education and publication debts. On May 13, 2020, the FTC initiated this action against American Future Systems, Inc. ("AFS"),… Read More
In Amg Capital Mgmt. v. FTC, No. 19-508, 2021 U.S. LEXIS 2108, at *1-4 (Apr. 22, 2021), the Supreme Court held that the FTC Act does not authorize the FTC to seek monetary restitution in a suit that the FTC brings in the first instance (i.e., without a prior administrative proceeding) in federal court under section 13(b) of the FTC… Read More
The FTC today issued a press release on whether the FTC Holder Rule applies to large transactions. The staff of the Federal Trade Commission has issued a note correcting previous staff guidelines on the FTC’s Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses—commonly known as the Holder Rule. The Holder Rule protects consumers who enter into credit contracts… Read More
The Federal Trade Commission announced that it is seeking comment on proposed changes that would bring several rules implementing parts of the Fair Credit Reporting Act (FCRA) in line with the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). In separate Notices of Proposed Rule Making (NPRMs), which will be published in the Federal Register shortly, the FTC… Read More
They used to write the Official Staff Commentary, and give "Informal Staff Opinion" letters to industry to assist industry in complying with the FDCPA. Now, the FTC has filed a Comment in response to the CFPB's Notice of Proposed Rulemaking that can be found at https://www.ftc.gov/system/files/documents/advocacy_documents/comment-staff-federal-trade-commissions-bureau-consumer-protection-matter-proposed-rule-request/final_-_cfpb_debt_coll_draft_comment_9-13_v2_1pm_ver_to_comm.pdf The FTC devotes almost half of their comment to reminding the CFPB that the… Read More
As a reminder that the promises you make on your website must align with your data privacy practices,the FTC announced that it just reached reached a settlement with a background screening company over allegations it falsely claimed to be a participant in the EU-U.S. Privacy Shield program. In separate actions, the FTC also sent warning letters to more than a… Read More
As FY 2015 came to a close, the FTC asked for commentary on its Holder Rule for assignee liability. Consumers and Industry responded in early 2016. Three years in the making, the FTC finally responded, issuing its commentary today in the Federal Register, and it's first official commentary since the Rule was promulgated in 1975. FTC Commentary on Holder Rule 5-2-19. … Read More
The Federal Trade Commission is seeking comment on proposed amendments to two rules that protect the privacy and security of customer information held by financial institutions. In separate notices to be published in the Federal Register, the FTC is seeking comment on proposed changes to the Safeguards Rule and the Privacy Rule under GLBA. The Safeguards Rule requires a financial… Read More
The staff of the Federal Trade Commission has provided its 2014 Annual Financial Acts Enforcement Report to the CFPB on enforcement and related activities regarding Regulation Z (Truth in Lending Act), Regulation M (Consumer Leasing Act), and Regulation E (Electronic Fund Transfer Act). The report on TILA, CLA and EFTA addresses, among other things, the FTC’s enforcement actions related to… Read More
A Glendale, California-based debt collector will pay $1 million to settle FTC charges that the defendants violated federal law. This is the first FTC action against a debt collector who used text messaging to attempt to collect debts in an unlawful manner. The message here, according to the FTC, is that a text message is debt collection "communication" under the FDCPA that must include… Read More
The FTC's Weblog post is http://www.business.ftc.gov/blog/2013/06/fcras-furnisher-rule-its-all-about-accuracy-and-integrity The FTC's publication, "Consumer Reports: What Information Furnishers Need to Know" is at http://business.ftc.gov/documents/consumer-reports-what-information-furnishers-need-know Read More
The FTC is seeking public comment on proposed changes to the Used Car Buyers Guide required by the agency’s Used Car Rule. The FTC's Press Release is http://www.ftc.gov/opa/2012/12/usedcarrule.shtm. The FTC also issued a final rule that makes technical corrections and revises the Spanish translation of the Buyers Guide. The Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule,… Read More
Yesterday, the FTC prevailed against the National Automobile Dealers' Association's challenge to the FTC's Risk Based Pricing Rules under FACTA. The FTC's Motion to Dismiss was granted and the NADA's Summary Judgment Motion was denied. (National Auto. Dealers Ass'n v. F.T.C., --- F.Supp.2d ----, 2012 WL 1854088 (D.D.C. 2012) Judge Huvelle summarized the case as follows: The National Automobile Dealers… Read More
The Federal Trade Commission has issued an advisory affirming consumers' rights under the FTC's Holder Rule which protects the rights of consumers who make a purchase using credit obtained through the merchant. The Rule, formally known as the "Trade Regulation Rule Concerning Preservation of Consumers' Claims and Defenses," protects consumers when merchants sell a consumer's credit contracts to other lenders. Specifically, it… Read More
To quote the Church Lady: "Well isn't that special". The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have signed an agreement to coordinate efforts to protect consumers and avoid duplication of federal law enforcement and regulatory efforts. “The FTC has always been committed to protecting consumers and legitimate companies from bad actors in the financial marketplace,”… Read More
