ACA International (ACA), the Association of Credit and Collection Professionals, filed a complaint on April 20, 2020, in the U.S. District Court for the District of Massachusetts challenging the validity of the recently...more
The Federal Trade Commission's (FTC) Bureau of Consumer Protection Director Andrew Smith issued a statement on Using Artificial Intelligence and Algorithms, providing added insight into how the FTC assesses a company's use of...more
The Federal Trade Commission (FTC) sent letters on March 27, 2020, and April 3, 2020, to several Voice over Internet Protocol (VoIP) service providers warning them that routing and transmitting illegal robocalls, including...more
The Consumer Financial Protection Bureau (CFPB) on April 1, 2020, issued a Statement on Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act. The statement...more
The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more
3/10/2020
/ Certiorari ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Executive Authority ,
Oral Argument ,
Removal For-Cause ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Severability Doctrine ,
Single Director
The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more
11/4/2019
/ Advertising ,
Disclosure Requirements ,
Enforcement ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
Influencers ,
Instagram ,
Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Standards ,
Social Media ,
Social Media Policy ,
Social Networks ,
Twitter ,
YouTube
Holland & Knight and the National Bar Association Consumer Law Section (NBA-CLS) on Nov. 16, 2018, hosted the Exploring the New Normal in Consumer Protection Enforcement Summit, a half-day seminar that focused on identifying...more
• Unsophisticated consumers eager to make a profit remain susceptible to representations by companies that are false and misleading, and constitute deceptive acts or practices in violation of the Federal Trade Commission...more
1/10/2018
/ Bitcoin ,
Blockchain ,
Class Action ,
Consumer Protection Laws ,
Cryptocurrency ,
False Statements ,
Federal Trade Commission (FTC) ,
Financial Markets ,
FTC Act ,
Misleading Statements ,
Popular ,
Section 5 ,
Settlement Agreements ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Virtual Currency
Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more
The Consumer Financial Protection Bureau (CFPB) filed on Nov. 18, 2016, a petition challenging the U.S. Court of Appeals for the District of Columbia Circuit's ruling in PHH Corp., et al. v. Cons. Fin. Prot. Bureau, in which...more
11/23/2016
/ Administrative Proceedings ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
En Banc Review ,
Kickbacks ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statutory Interpretation ,
Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau (CFPB), broadly condemning the agency's unparalleled...more
10/12/2016
/ Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more
9/29/2016
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Ethical Standards ,
Federal Trade Commission (FTC) ,
Instagram ,
Internet Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Popular ,
Regulatory Standards ,
Social Media ,
Social Networks ,
Twitter ,
Unfair or Deceptive Trade Practices
Holland & Knight and the Association of Credit and Collection Professionals (ACA) hosted a half-day seminar that featured government officials discussing trends and current issues in law enforcement investigations and other...more
The Consumer Financial Protection Bureau (CFPB) released on July 28 new proposals designed to "overhaul" the practices of the debt collection industry. The proposals include sweeping changes to existing regulations, including...more
7/29/2016
/ Banking Sector ,
Borrowers ,
Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Popular ,
Recordkeeping Requirements ,
Small Business
The U.S. District Court for the Western District of Wisconsin ruled on July 20, 2016, that the Consumer Financial Protection Bureau (CFPB) may hold the owners of two law firms offering debt relief services liable for alleged...more
The Consumer Financial Protection Bureau (CFPB) on May 5, 2016, released a proposed rule for public comment that would significantly limit companies' use of mandatory arbitration clauses in contracts with consumers.
The...more
Judge Richard J. Leon of the U.S. District Court for the District of Columbia on April 21, 2016, ruled that the Consumer Financial Protection Bureau (CFPB) did not have authority to issue a Civil Investigation Demand (CID) to...more
The Consumer Financial Protection Bureau (CFPB) announced that it has entered into a consent order with online payment platform Dwolla Inc., alleging that Dwolla made false representations to consumers relating to its data...more
Anthony DiResta discusses the importance of designing and implementing an effective Compliance Management System (CMS). This risk management tool is one of the key solutions in avoiding government investigations at both the...more
1/26/2016
This week, the Federal Trade Commission (FTC) warned companies that they may not realize they are subject to the Fair Debt Collection Practices Act (FDCPA). Christopher Koegel, Assistant Director of the FTC Division of...more
The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more
10/28/2015
/ American Express ,
Chamber of Commerce ,
CID ,
Civil Investigation Demand ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Data Security ,
Debt Collection ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mortgage Lenders ,
Popular ,
Privacy Concerns ,
Robocalling ,
Sharing Economy ,
Telecommunications ,
Telemarketing
The Consumer Financial Protection Bureau (CFPB) has proposed new rules that would ban companies' use of arbitration clauses that prevent consumer class action lawsuits. The potential new rules, announced this month, would...more
10/22/2015
/ Arbitration ,
Arbitration Agreements ,
Automotive Loans ,
Bank Accounts ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Card Agreements ,
Credit Cards ,
Financial Institutions ,
Money Transfer ,
Payday Loans ,
Prepaid Payment Products ,
Private Student Loans ,
Title Loans
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray rejected challenges to the CFPB's investigation powers and the Bureau's use of broadly worded civil investigative demands (CIDs). Director Cordray did so in...more