• 10.30.23

    FTC Regulation Tracker—October

    The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.”

  • 10.30.23

    FTC Seeks to Ban “Junk Fees” With a New Proposed Rule

    The Federal Trade Commission (FTC) issued a sweeping new proposed rule that would require practically all businesses to change the way they disclose the price of goods and services they sell to provide more transparency to consumers.

  • 09.14.23

    CFPB Loses Major UDAAP Case

    On September 8, 2023, the U.S. District Court for the Eastern District of Texas issued an opinion and order vacating a March 2022 anti-discrimination update to the UDAAP section of the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”) Supervision and ...

  • 09.13.23

    Eleventh Circuit Reverses Position on Standing, Single Text Sufficient

    A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.

  • 09.13.23

    Seventh Circuit Rejects FCC Guidance in Fax Case

    The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.

  • 09.13.23

    TCPA Defendant Sidesteps Suit With Improper Identification

    The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.

  • 08.25.23

    FTC Regulation Tracker – August 2023 Update

    The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products.

  • 08.24.23

    Lead Generator Must Indemnify TCPA Defendant

    A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant.

  • 08.24.23

    Can a Minor Provide Consent for TCPA Calls?

    The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed to its number, even if the owner and subscriber is not the actual or ...

  • 08.24.23

    $40M TCPA Settlement for Real Estate Company

    A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements.

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