• 07.17.19

    CFPB News: New Rules, AG Overdraft Comments, OIG Report

    The Consumer Financial Protection Bureau (CFPB or Bureau) turned its focus to rulemaking, with the Bureau issuing a final rule amending Regulation CC and extending the comment period on the advanced notice of proposed rulemaking (ANPR) on the Home Mortgage Disclosure Act (HMDA).

  • 07.16.19

    Eddie Bauer Fights Back Against Suit Claiming False Email Subject Lines

    Email subject lines have been the subject of several lawsuits in the past several years under state spam laws.

  • 07.16.19

    Beer Brand Battle Continues With Preliminary Injunction

    A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit.

  • 07.16.19

    Body Lotion or Drug? Case Moves Forward

    Did Nivea’s claims for its Skin Firming Hydration Body Lotion push the product into the category of a drug requiring approval from the Food and Drug Administration (FDA)?

  • 07.16.19

    Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

    In the recent case In re Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that implicated a combination of the clickwrap and incorporation by reference principles, enforcing an arbitration agreement it viewed as on the “outer limits” of ...

  • 07.09.19

    Influencer Disclosures: FTC Helps ERSP Secure Alo Yoga’s Cooperation

    In a win for self-regulation, eight months after referring a matter involving Instagram posts for Alo Yoga to the FTC, the Electronic Retailing Self-Regulation Program (ERSP) secured the company’s agreement to modify the posts to bring them into compliance with the FTC’s Endorsement ...

  • 07.09.19

    NAD Recommends Baby Monitor Improve Disclosure of Information Gathering

    Product disclosures for Owlet Baby Care’s Smart Sock baby monitor should be modified to make clear to consumers the “information-gathering nature of the device,” the National Advertising Division (NAD) recommended in a new decision.

  • 07.09.19

    Court Holds Delta’s Privacy Policy Isn’t a Contract

    Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a contract and Delta did not have any enforceable obligation to keep the ...

  • 07.03.19

    Fair Lending: Lawmakers Concerned About Algorithms; CFPB Issues Report

    As a more centrist Consumer Financial Protection Bureau (CFPB) issued a modest annual fair lending report, Democratic lawmakers continue to press a far more aggressive fair lending agenda, as reflected by a letter sent by Sens. Elizabeth Warren (D-Mass.) and Doug Jones (D-Ala.) to the Federal ...

  • 07.03.19

    CFPB News: Kraninger Steers an Independent Path

    CFPB Director Kathy Kraninger continues to chart her own course. CFPB developments include its settlement with a student loan management company, a public hearing on “abusive acts or practices, ” and updated guidance on payday lending. Meanwhile, court developments (on ...