News & Analysis as of

Federal Trade Commission (FTC) UDAAP Unfair or Deceptive Trade Practices

Orrick, Herrington & Sutcliffe LLP

FTC requires company to pay $10M for alleged UDAP violations related to money transmission

On June 20, the U.S. District Court for the Northern District of Illinois entered a stipulated order for injunction and monetary judgment, requiring a retail corporation, which provides financial services, to pay $10 million...more

Sheppard Mullin Richter & Hampton LLP

FTC Permanently Bans Debt Collector for UDAP and FDCPA Violations

On April 30, the FTC filed a stipulated order for a permanent injunctive relief and a monetary judgment against a Georgia-based debt collection company and its owner, which the court granted on May 9, to resolve allegations...more

Sheppard Mullin Richter & Hampton LLP

FTC Imposed $9.6 Million Judgement Against Debt Collector for Alleged Threats and Phantom Debt

On April 30, 2025, the FTC filed an amended complaint and final order in the U.S. District Court for the Northern District of Georgia against a debt collection company in connection with allegations that the company engaged...more

Sheppard Mullin Richter & Hampton LLP

FTC Orders Fintech Company to Pay $17 Million for Allegedly Deceptive Subscription Practices

On March 27, the FTC announced that a fintech company offering cash advances through a mobile app has agreed to pay $17 million to resolve allegations that it violated the FTC Act and the Restore Online Shoppers’ Confidence...more

Orrick, Herrington & Sutcliffe LLP

New York attorney general proposes bill against unfair, deceptive and abusive practices

On March 13, New York Attorney General Letitia James announced proposed legislation to strengthen the state’s consumer protection framework by expanding enforcement powers beyond deceptive acts and practices to also include...more

Sheppard Mullin Richter & Hampton LLP

FTC Granted Injunction in Small Business Lending Case 

The CFPB has recently dismissed two more enforcement actions—one against a major credit reporting agency and another against a lease-to-own financing provider. Both lawsuits involved allegations of abusive, unfair, and...more

Venable LLP

Navigating the New Consumer Financial Services Landscape: Enforcement, Compliance, and Litigation Risks

Venable LLP on

Financial services companies may feel relief from the aggressive federal oversight and regulation that defined the past decade. However, regulatory risk has not disappeared—it has shifted. ...more

Ballard Spahr LLP

FTC, State of Arizona Charge Auto Dealership with Deceiving Consumers

Ballard Spahr LLP on

On August 15, 2024, the Federal Trade Commission (“FTC”) and Arizona Attorney General announced a proposed settlement with an Arizona-based vehicle dealership to resolve allegations that the dealership misrepresented prices...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

Ballard Spahr LLP

CFPB Takes Action Against BloomTech, Inc. for ISAs that Violate TILA, UDAAP, and the FTC’s Holder Rule

Ballard Spahr LLP on

On April 17th, the CFPB issued a consent order to a for-profit training school alleging numerous violations of law related to its use if income share agreements (“ISAs”). According to the Bureau, BloomTech, Inc. (“BloomTech”)...more

Davis Wright Tremaine LLP

February 2024 UDAAP Bulletin

Editor's Note: The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Morgan Lewis

Federal, State Agencies Want to Dump Junk Fees: How to Manage Business Risk

Morgan Lewis on

Businesses should be aware that the Biden administration continues its attempt to curb junk fees, with additional actions proposed by the Federal Trade Commission and Consumer Financial Protection Bureau....more

Davis Wright Tremaine LLP

October 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

Brownstein Hyatt Farber Schreck

A Quiet Policymaking Power Grab

Federal agencies look to expand regulatory reach using sweeping UDAAP and UDAP authority - With active regulatory agendas at several federal agencies and what seems like back-to-back hearings considering legislative...more

Davis Wright Tremaine LLP

May 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

Eversheds Sutherland (US) LLP

CFPB issues policy statement on abusiveness with a focus on digital interaction

On April 3, the CFPB issued a policy statement intended to provide “a framework to help federal and state enforcers identify when companies engage in abusive conduct.” Conduct violates the abusiveness standard when it either:...more

Orrick, Herrington & Sutcliffe LLP

Senators ask FTC, CFPB to investigate deceptive listing agreements

In December, Senate Banking Committee Chairman Sherrod Brown (D-OH), along with Senators Tina Smith (D-MN) and Ron Wyden (D-OR) sent a letter to the FTC and the CFPB requesting a review of a Florida-based real estate...more

BCLP

Deceptive and Unfair - Multiple NSF Fees on Representments of the Same Transaction

BCLP on

In guidance issued recently, the Federal Deposit Insurance Corporation (“FDIC”) advised that charging multiple non-sufficient funds (“NSF”) fees constitute “violations of law” when customer disclosures do not fully and...more

Venable LLP

CFPB Warning to Consumer Financial Services Digital Marketing Providers

Venable LLP on

​​​​​​​Through a new interpretive rule announced this week, the Consumer Financial Protection Bureau (CFPB) has declared that digital marketing providers can be held liable under the Consumer Financial Protection Act (CFPA)...more

Cooley LLP

CFPB Follows FTC’s Lead on Consumer Online Reviews

Cooley LLP on

On March 22, 2022, the Consumer Financial Protection Bureau announced that it has issued guidance designed to dissuade financial institutions from curbing consumers’ rights to post online reviews. Specifically, the CFPB put...more

Venable LLP

The CFPB Warns Companies Against Impeding or Manipulating Honest Customer Reviews

Venable LLP on

In a bulletin published last week, the Consumer Financial Protection Bureau (CFPB) warned banks and other financial companies against impeding honest reviews of consumer financial products and services. Although it does not...more

BCLP

CFPB Provides Guidance on UDAAP Abusive Standard

BCLP on

On January 24, 2020, the Consumer Financial Protection Bureau (CFPB) announced a new policy regarding the prohibition on abusive acts or practices. The CFPB has clarified how it will define, supervise and enforce “abusive”...more

BCLP

How is Open Banking Regulated?

BCLP on

In previous posts in our BankBCLP.com series on this topic, we’ve attempted to define “open banking” and the ways in which it is attracting increasing industry attention through open APIs. As our series continues, we describe...more

Wilson Sonsini Goodrich & Rosati

Quarterly Regulatory and Legal Update for E-Commerce, E-Banking, and Blockchain

This Quarterly Update highlights certain notable developments during Q1 2019 in consumer-facing areas of e-commerce, e-banking and blockchain. This update is particularly focused on consumer-level regulatory activities of the...more

Foley & Lardner LLP

State AGs and FTC Combine Forces for Consumer Protection

Foley & Lardner LLP on

A dozen bipartisan State Attorneys General and the Federal Trade Commission (FTC) recently instigated a medieval siege dubbed “Operation Game of Loans” against alleged student loan relief scams. This coordinated nationwide...more

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