• 11.28.23

    FTC Regulation Tracker—November

    A number of interesting developments out of the FTC this month.

  • 11.16.23

    FDIC Proposes Corporate Governance and Risk Management Standards for Select Institutions

    In a significant development for state nonmember banks with assets of at least $10 billion (Covered Institutions), the Federal Deposit Insurance Corporation (FDIC) has recently proposed comprehensive corporate governance and risk management guidelines (NPR) that would impose significant ...

  • 11.07.23

    FCC Reaches New Heights With $300M Robocall Fine

    The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network.

  • 11.07.23

    Text Message Not An “Artificial or Prerecorded Voice,” Ninth Circuit Rules

    A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled.

  • 11.07.23

    Eleventh Circuit Doubles Down on Drazen II, Applies It to FTSA

    A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on its change of heart in the en bancDrazen II decision.

  • 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.



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