With the summer wave of state legislative adjournments ending, residential property managers are confronting a new landscape of regulatory obligations. Several states and municipalities have enacted or finalized laws and...more
7/15/2025
/ Disclosure Requirements ,
Fees ,
Leases ,
Marketing ,
Municipalities ,
New Legislation ,
Real Estate Transactions ,
Regulatory Requirements ,
Rental Property ,
Residential Leases ,
Residential Property Owners ,
State and Local Government ,
State Legislatures ,
Transparency
A rule governing Unfair and Deceptive Fees (940 CMR 38.00) published March 3 by the Massachusetts Attorney General sets new Total Price disclosure obligations in marketing and sales for a wide set of covered businesses,...more
The Federal Trade Commission (FTC) and the Colorado Attorney General filed suit January 16 against a major property management company, alleging deceptive practices under Section 5 of the FTC Act, the Gramm-Leach-Bliley Act...more
1/23/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Hidden Fees ,
Property Management Companies ,
Rental Property ,
Section 5 ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
On December 17, 2024, the Federal Trade Commission (FTC) finalized its Trade Regulation Rule on Unfair or Deceptive Fees (16 CFR § 464), otherwise known as the "Junk Fees" Rule, targeting specific industries with a narrowed...more
The Federal Trade Commission (FTC) announced a groundbreaking settlement with Invitation Homes, a large single-family rental home owner/operator, on September 24. ...more
10/7/2024
/ Compliance ,
Compliance Monitoring ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Enforcement Actions ,
Eviction ,
Federal Trade Commission (FTC) ,
FHFA ,
HUD ,
Notice Requirements ,
Property Management Companies ,
Property Managers ,
Rental Property ,
Section 5 ,
Security Deposits ,
Settlement ,
UDAAP
The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more
8/16/2024
/ Advertising ,
Artificial Intelligence ,
Celebrities ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Nonbank financial services companies with prior enforcement orders are preparing for the Consumer Financial Protection Bureau’s (CFPB) new Registry, which takes effect September 16. Nonbank consumer lenders, loan servicers,...more
6/26/2024
/ Annual Statements ,
Best Practices ,
Consent Decrees ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Consumer Reporting Agencies ,
Covered Entities ,
Credit Bureaus ,
Debt Collectors ,
Disclosure Requirements ,
Enforcement ,
Final Rules ,
Financial Services Industry ,
Loan Servicer ,
Non-Bank Lenders ,
Registration Requirement ,
Webinars
Who's Covered: Registrations and Written Statements -
Generally, a covered nonbank with a covered order in effect on or after September 16, 2024, must register and submit information to the CFPB about the entity and the...more
Constitutionality concerns cleared, the Consumer Financial Protection Bureau (CFPB) on June 3 issued its final rule creating a registry identifying covered nonbanks subject to government agency enforcement orders. The rule's...more
6/6/2024
/ Annual Reports ,
Consent Order ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Enforcement Actions ,
Financial Services Industry ,
Loan Servicer ,
NMLS ,
Non-Depository Institutions ,
Nonbank Firms ,
Registration Requirement ,
UDAAP
Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more
4/18/2024
/ Administrative Procedure ,
Criminal Background Checks ,
Criminal Records ,
Fair Housing Act (FHA) ,
Housing Discrimination ,
HUD ,
Landlords ,
Proposed Rules ,
Rental Property ,
Residential Leases ,
Screening Procedures ,
Tenants
As the Kansas City Chiefs were winning the big game, New York made a big change to its law governing credit card surcharges.
While definitions of the term may vary, a "surcharge" is generally understood to mean a higher...more
3/4/2024
/ Compliance ,
Consumer Financial Products ,
Credit Card Surcharges ,
Credit Cards ,
Enforcement Authority ,
First Amendment ,
Merchants ,
Municipalities ,
New Guidance ,
New Legislation ,
Statutory Violations ,
Surcharges ,
Truth in Lending Act (TILA)
Data brokers face new registration and audit obligations, consumer data deletion rights, and exposure to fines under California's SB 362, the Delete Act. The bill was signed into law by Gov. Gavin Newsom on Tuesday. Effective...more
The Federal Trade Commission and six state attorneys general on August 28 resolved an enforcement matter against apartment listing platform Roomster over fake reviews and listings. Brought under Section 5 of the FTC Act and...more
9/8/2023
/ Advertising ,
Apartments ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Online Platforms ,
Proposed Rules ,
Rental Property ,
Section 5 ,
State Attorneys General
The Minnesota Supreme Court earlier this month rebuffed the state legislature's efforts to hide records of eviction proceedings from public access. In its August 8 order (ADM10-8050), the Court through Chief Justice Lorie...more
The White House today brought attention to new state laws and voluntary industry practices that limit fees charged to renters and increase the transparency of those fees, noting the burden such fees impose on American...more
7/20/2023
/ Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Fair Credit Reporting Act (FCRA) ,
Fees ,
HUD ,
Information Reports ,
Public Housing Authorities ,
Rental Property ,
Residential Leases ,
Screening Procedures ,
Tenants