The Fourth Circuit Court of Appeals in Henderson v. Source For Pub. Data, L.P., No. 21-1678, 2022 U.S. App. LEXIS 30534 (4th Cir. Nov. 3, 2022) found that the protections of Section 230 of the Communications Decency Act did not extend to a public data aggregation company. The ruling reversed the district court’s order
FTC
FTC extends deadline for updated Safeguards Rule by six months
By Gregory P. Szewczyk on
On November 15, 2022, the FTC announced that it was extending by six months the deadline for companies to comply with some portions of the updated Safeguards Rule. The extension comes as a welcome relief to companies racing to meet the rapidly nearing effective date.
The FTC approved changes to the longstanding Safeguards Rule in…
Vonage to pay $100 million in refunds to consumers under FTC consent order settling junk fees and “dark patterns” allegations
By Brian Turetsky on
Posted in FTC, Regulatory and Enforcement
On November 3, 2022, the Federal Trade Commission (“FTC”) announced that it has entered into a consent order with internet phone service provider Vonage to settle allegations that it imposed “junk fees” on consumers and used “dark patterns” that prevented them from cancelling their service. Under the terms of the settlement, Vonage has agreed to…
FTC issues advance notice of proposed rulemaking on “junk fees”
By Brian Turetsky on
Posted in FTC, Regulatory and Enforcement
On October 20, 2022, the Federal Trade Commission (“FTC”) announced that it is issuing an Advance Notice of Proposed Rulemaking (“ANPR” or “Notice”) to address “junk fees,” a term used in the Notice to refer to “unfair or deceptive fees that are charged for goods and services that have little or no added value to…
FTC settles action against D.C.-area auto dealer group over illegal fees and discrimination allegations
By Brian Turetsky on
On October 18, 2022, the Federal Trade Commission (“FTC”) announced a settlement with a Washington, D.C.-area auto dealer, Passport Automotive Group (“Passport”), resolving allegations that it had deceived consumers by adding illegal “junk” fees onto car prices and charging Black and Latino consumers higher financing costs and fees. Under the terms of the settlement…
FTC calls attention to buy-now-pay-later compliance issues
Posted in Buy Now Pay Later, FTC
In a new blog post, “Buy now, pay later – and comply with the FTC Act immediately,” the FTC reminds nonbank participants in the buy-now-pay-later (BNPL) market, such as retailers, BNPL providers, marketers, and debt collectors, that they can be liable for violations of Section 5 of the FTC Act based on the information…
Walmart challenges FTC’s constitutionality in motion to dismiss
By Alan S. Kaplinsky on
Posted in FTC, Regulatory and Enforcement
Perhaps ushering in a new wave of similar challenges, Walmart is challenging the FTC’s constitutionality in its motion to dismiss the FTC’s lawsuit filed in June 2022. In the lawsuit, the FTC alleges that Walmart violated Section 5 of the FTC Act and the Telemarketing Sales Rule as a result of its failure to…
FTC enters into consent order with Credit Karma to settle deceptive practices claims in connection with pre-approvals
By John L. Culhane, Jr. on
The Federal Trade Commission has entered into a consent order with Credit Karma, LLC to settle the FTC’s claims that Credit Karma engaged in deceptive acts and practices in violation of Section 5 of the FTC Act by making false or misleading claims that consumers were pre-approved for certain credit products. The order requires Credit…
FTC declines to extend comment period for proposed motor vehicle dealer rule
By Joel E. Tasca on
The FTC has declined requests to extend the comment period for its proposed rule that would impose a number of new substantive and disclosure requirements on motor vehicle dealers in connection with the car buying or leasing process.
The FTC’s notice of proposed rulemaking (NPRM) was published in the Federal Register on July 13, 2022…
AFSA and Several Other Trade Associations Urge Second Circuit to Reject CFPB’s Expanded Interpretation of FCRA Reasonable Procedures for Maximum Accuracy Requirement
By Erik L. Johnson on
Earlier this year, the CFPB and the FTC filed an amicus brief in an appeal to the Second Circuit, arguing that the Court should reject the District Court’s “unduly narrow” interpretation of the FCRA requirement that consumer reporting agencies (CRAs) follow reasonable procedures to assure accuracy of information included in consumer reports. The CFPB and…