Newsletters

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 ...


07.03.19

FDIC Issues 2018 “Consumer Compliance Supervisory Highlights”

Improper overdraft fees and prohibited kickbacks were just two of many concerns identified by the Federal Deposit Insurance Corporation (FDIC) in its first-ever publication of “Consumer Compliance Supervisory Highlights” (“Highlights”).


07.03.19

Putative Class Action Attacks Securitization Based On Madden Case

On June 12, 2019, three holders of credit cards issued by a national bank brought a putative class action in the Eastern District of New York directly attacking the bank’s securitization of its credit card receivables based on the Second Circuit’s decision in Madden v. Midland Funding, ...


06.28.19

Utah Seeks Capped Spending, Partial Expansion with Enhanced Match

On May 31, 2019, Utah released a draft Section 1115 waiver application, the Per Capita Cap Demonstration, for public comment.