News & Analysis as of

Enforcement Actions Consumer Protection Laws Supreme Court of the United States

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Venable LLP

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

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The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more

Cozen O'Connor

NAAG Attorney General Symposium Recap

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Between April 7 and 9, 2025, the National Association of Attorneys General held its annual Attorney General Symposium in Nashville, Tennessee. State AGs, attorney general staff, and private sector attendees heard from leaders...more

Morrison & Foerster LLP

2024 State AGs Year in Review - UPDATED 4/1/25

In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

Katten Muchin Rosenman LLP

President Trump Fires Two Democratic FTC Commissioners

On March 18, President Donald Trump fired the Democratic commissioners, Rebecca Slaughter and Alvaro Bedoya, from the Federal Trade Commission (FTC). This leaves two Republicans, Chairman Andrew Ferguson and Melissa Holyoak,...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - Trump's War on Consumer Protection, Humph(rey)

We have been following closely developments with the Consumer Financial Protection Bureau (“CFPB”) and the Trump/Musk administration (see here and here), and while we have a few updates on the CFPB, Trump and Musk have taken...more

Goodwin

2024 Year in Review: Major US Supreme Court and Appellate Cases

Goodwin on

Welcome to the “Major US Supreme Court and Appellate Cases” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. The Supreme Court continues to take a close look at major administrative law...more

Hudson Cook, LLP

Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

Hudson Cook, LLP on

The future of the Consumer Financial Protection Bureau — and federal enforcement of consumer financial laws more generally — is uncertain. The Trump administration has ordered the CFPB to freeze all enforcement activity,...more

Perkins Coie

FCC’s One-to-One Consent Rule Vacated: What’s Next for TCPA Compliance?

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Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Strikes Down One-to-One Consent Rule

On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Morris, Manning & Martin, LLP

Mass Arbitration: Managing the Risk and Complexities

For over three decades, arbitration has offered an efficient and cost-effective mechanism for resolving consumer disputes. Companies across a variety of industries, including telecommunications, retail and the gig economy,...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holding That SEC Actions Seeking Civil Penalties for Securities Fraud Must Be Heard by a Jury Calls Into Question...

In Securities and Exchange Commission v. Jarkesy, the U.S. Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission] seeks civil penalties against him...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Perkins Coie

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

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The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

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