As part of its junk fees initiative, the CFPB released a new report, “Price Complexity in Laboratory Markets.” In its press release about the report, the CFPB states that because it “suggests consumers tend to pay more for products that have more complex pricing structures,” the report “has implications for understanding how junk fees impede fair and competitive pricing in markets like auto loans or mortgages, where consumers have to evaluate extended warranties, add-ons, closing costs, and a wide variety of other fees instead of an all-inclusive price.” … Continue Reading
junk fees
CFPB and DOT Hosting Joint Hearing on Credit Card and Airline Rewards Programs
In furtherance of the Biden Administration’s “junk fee” agenda, on Thursday, May 9, 2024, the Consumer Financial Protection Bureau and the U.S. Department of Transportation will host a hearing on airline and credit card rewards programs. CFPB Director Rohit Chopra and Secretary of Transportation Pete Buttigieg will moderate a discussion with the following industry representatives, labor leaders, and consumer advocates:
- Scott DeAngelo, Executive Vice President and Chief Marketing Officer, Allegiant Air
- Morgan Harper, Director of Policy and Advocacy, American Economic Liberties Project
- Andrew Grimm, President and CEO, Apple Federal Credit Union
- Sara Nelson, International President, Association of Flight Attendants
- Lukas Johnson, Chief Commercial Officer, Breeze Airways
- Erin Witte, Director of Consumer Protection, Consumer Federation of America
- Robert Patrick Cooper, Senior Vice President and General Counsel, OneUnited Bank
We will attend the joint hearing and blog about it thereafter. … Continue Reading
CFPB proposed rule would make certain overdraft programs credit subject to Regulation Z disclosure requirements and could cap overdraft fees at $3
In furtherance of the Biden Administration’s “junk fee” agenda, on January 17, 2024, the Consumer Financial Protection Bureau issued its proposed rule to amend Regulations E and Z to regulate overdraft services provided by “very large financial institutions” (an insured depository institution or an insured credit union that has total assets of more than $10 Billion and any affiliate thereof, as determined under 12 U.S.C.… Continue Reading
FTC extends comment deadline for “junk fees” proposal
The FTC has extended by 30 days the deadline for submitting comments on its proposed “Rule on Unfair or Deceptive Fees” targeting what the FTC refers to as “junk fees.” The new comment deadline is February 7, 2024.
In October 2023, we released an episode of our Consumer Finance Monitor Podcast about the FTC’s proposal for which our special guest was Stacy Cammarano, Staff Attorney in the FTC’s Bureau of Consumer Protection, Division of Advertising Practices, and a lead attorney on the proposal. … Continue Reading
This week’s podcast episode: The Biden Administration’s “junk fees” initiative continues: What the latest actions mean for the consumer financial services and rental housing industries, Part II
This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration’s initiative directed at combatting so-called “junk fees.” Launched in January 2022, the initiative shows no signs of abating.
In Part II, we first look at the Consumer Financial Protection Bureau’s advisory opinion on fees charged by large banks and credit unions to respond to information requests, including the Bureau’s discussion of non-fee obstacles such as chatbots that could unlawfully impede consumers’ ability to make an information request. … Continue Reading
FTC issues Fall 2023 rulemaking agenda
The Federal Trade Commission has released its Fall 2023 rulemaking agenda as part of the Fall 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions.
The majority of the rulemakings listed in the agenda are being conducted as part of the FTC’s systematic review of all of its regulations and guidelines on a rotating basis. … Continue Reading
This week’s podcast episode: The Biden Administration’s “junk fees” initiative continues: What the latest actions mean for the consumer financial services and rental housing industries, Part I
This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration’s initiative directed at combatting so-called “junk fees.” Launched in January 2022, the initiative shows no signs of abating.
In Part I, we first review the background of the initiative, the range of fees the Administration has labeled “junk fees,” and discuss the Administration’s focus on competition and its related guidance and directives to federal agencies. … Continue Reading
This week’s podcast episode: A close look at the Federal Trade Commission’s proposed rule to regulate “junk fees”
In October 2023, the FTC issued a proposed “Rule on Unfair or Deceptive Fees” targeting what the FTC refers to as “junk fees.” Our special guest is Stacy Cammarano, Staff Attorney in the FTC’s Bureau of Consumer Protection, Division of Advertising Practices, and a lead attorney on the proposal. After reviewing how the FTC has previously used its enforcement authority to address “junk fees,” we discuss some of the key issues identified in comments received by the FTC on its October 2022 Advance Notice of Proposed Rulemaking on “junk fees.” … Continue Reading
White House, CFPB, FTC continue assault on “junk fees”
On November 28, 2023, from 1:00 p.m. to 2:30 p.m. ET, Ballard Spahr attorneys will hold a webinar on the most recent actions of the White House, CFPB, and FTC in the Biden Administration’s assault on so-called “junk fees.” To register, click here.
Last Wednesday, we published three blog posts about new actions taken by the CFPB and FTC related to the Biden Administration’s war on “junk fees”:
- FTC issues proposed rule to regulate “junk fees”
- CFPB Supervisory Highlights Update Special Edition looks at “junk fees” charged In connection with deposits, auto servicing, and remittances
- CFPB issues advisory opinion on fees charges by large banks and credit unions to respond to information requests and releases data showing elimination of NSF fees
Also last Wednesday, the White House held an event at which President Biden spoke about these new developments as well as developments at other federal agencies to curb “junk fees” charged by companies subject to the jurisdiction of such agencies. … Continue Reading
FTC issues proposed rule to regulate “junk fees”
As part of the White House’s latest round of efforts targeting so-called “junk fees,” the Federal Trade Commission has issued a proposed rule, “Rule on Unfair or Deceptive Fees.” The proposal follows the FTC’s issuance in October 2022 of an Advance Notice of Proposed Rulemaking to address “junk fees,” a term that was used in the ANPR Notice to refer to “unfair or deceptive fees that are charged for goods and services that have little or no added value to the consumer.” … Continue Reading