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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 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

We previously reported on procedural snags in this litigatation.  (http://www.calautofinance.com/?p=2604)  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… 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

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