Topic
Deceptive Practices
192 published works
Consumer Finance Monitor
Ninth Circuit rejects CashCall’s challenge to CFPB’s constitutionality, affirms liability of CashCall and its CEO for CFPA violations, and sends case back to district court to reassess civil penalty amount and revisit denial of restitution
By Michael Gordon, Alan S. Kaplinsky
The U.S. Court of Appeals for the Ninth Circuit, in CFPB v. CashCall, has rejected CashCall’s constitutional challenge, affirmed the district court’s finding that the corporate defendants and its CEO…
Consumer Finance and Fintech Blog
CFPB Sues Credit Reporting Agency and Former Senior Executive
By Moorari Shah, A.J. Dhaliwal
On April 12, the CFPB filed a complaint against a credit reporting agency (CRA), two of its subsidiaries, and a former senior executive for violating a 2017 consent order issued…
All About Advertising Law
Burning Down the House: FTC Accuses HomeAdvisor, Inc. of Deception in Selling Leads for Home Improvement Projects
By Alexandra Megaris, Leonard L. Gordon
On Friday, March 11, the Federal Trade Commission (FTC) filed an administrative complaint against HomeAdvisor, Inc., charging it with using deceptive and misleading tactics to sell leads for home improvement…
Legal Freedom Foreclosure Law
Illinois Consumer Fraud and Deceptive Business Practices Act
Illinois Consumer Fraud and Deceptive Business Practices Act Leszanczuk v. Carrington Mortgage Services, LLC, No. 21-1367 (December 28, 2021) N.D. Ill., E. Div. AffirmedDist. Ct. did not err in dismissing…
Ad Law Access
Where to Find More Info on the FTC’s Top Rules for 2022
Last week, Jessica Rich wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning.…
Retail & Consumer Products Law Observer
FTC Updates (November 1-5, 2021)
By Tiffany Aguiar, Kari Ferver
Tuesday, November 2, 2021 Deceptive or Misleading Conduct & Consumer Protection The FTC recently issued full refunds totaling over $2 million to consumers who lost money through certain deceptive direct…
Regulatory Oversight
FTC Puts Everyone on Notice Over Deceptive Endorsements
By Matt Fay, Ketan Bhirud
On October 13, the Federal Trade Commission (FTC) issued over 700 "Notice of Penalty Offenses" to a broad swath of businesses, warning them that using endorsements that deceive customers could…
Insurance Law Hawaii
Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit
The insured's claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire &…
Consumer Finance Monitor
CFPB announces proposed settlement of lawsuit alleging provider of short-term loans violated CFPA’S UDAAP prohibition in connection with deposit account program
The CFPB announced last week that it has entered into a proposed settlement with Driver Loan, LLC (“Driver Loan”) and its Chief Executive Officer to settle the November 2020 lawsuit…
Data Privacy Dish
U.S. Supreme Court Limits the FTC’s Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases
By Andrew G. Berg, Miriam (Mimi) G. Bahcall, Darren Abernethy, David S. Repking
In a unanimous decision released on April 22, 2021, the U.S. Supreme Court upended decades of lower court precedent by finding that Section 13(b) of the Federal Trade Commission Act…