A May 26 California Supreme Court decision is the most important interpretation of the FTC Holder Rule in 45 years, setting out in detail reasons why the rule does not cap a consumer’s attorney fee award against the creditor. This article describes the decision’s significance to consumer litigation, explains how the ruling applies in other states, and lists twelve other important features of the FTC Holder Rule.
Deception, Warranties, Vehicles
Now Available: Unfair and Deceptive Acts and Practices, Tenth Edition
Unfair and Deceptive Acts and Practices (10th ed. 2021) (1,056 pp.) is now available in both print and digital format on the NCLC Digital Library. This is an essential revision of the most important consumer law statute in all 50 states, adding thousands of new federal and state cases since the last edition. Learn more and read Chapter One for free here.
Supreme Court’s March 29 Ruling in Expressions Hair Design: Free Speech and Consumer Regulations
The Supreme Court’s March 29 decision in Expressions Hair Design may spark increased First Amendment challenges to consumer protection regulations. This article explains why the Court’s decision and prior precedents weigh against such challenges.
Supreme Court Rules on Robocallers
A July 6, 2020 Supreme Court decision in Barr applies the same Telephone Consumer Protection Act restrictions on robocalls to collect government debt as apply to other robocalls. Otherwise the exemption for government debt would unconstitutionally favor one form of speech content over another. This article examines the ruling’s implications for litigation involving robocalls to collect government debt, other robocall litigation, and even First Amendment litigation regarding other consumer statutes.
Supreme Court May 13 Ruling Underscores Advantages of False Claims Act Litigation
A recent Supreme Court decision in Cochise Consultancy is favorable for private litigation under the federal False Claims Act (FCA). This article explains how the decision also underscores that FCA litigation has a number of advantages to challenge consumer abuses compared with class actions under traditional consumer causes of action.
Ruling on CFPB’s Unconstitutionality Leaves Agency Intact
The DC Circuit’s October 11 decision in PHH Corp. that the Consumer Financial Protection Bureau is unconstitutional will have far more limited impact on the agency than one might presume, as explained in this article.
New Magnuson-Moss Rules Aid Consumer Warranty Litigation
On May 28, 2015, the FTC announced new changes to its rules under the Magnuson-Moss Warranty Act that, effective July 20, 2015, will significantly aid private consumer warranty litigation. The details and impact of the new rules are reflected in revised versions of Chapters 2 and 13 of NCLC’s Consumer Warranty Law, now available on-line. Chapter 2 is also fully updated with all the latest Magnuson...
New Federal Deception Law Edition Released in Print and Online
A unique treatise covering the TCPA, FTC Holder Rule, Other FTC and CFPB Rules, RICO, false claims acts, regulation of telemarketing and debt relief services, and more, as summarized in this article.
Impact of Supreme Court Seila Law Ruling on CFPB Constitutionality
The Supreme Court’s June 29th decision in Seila Law allows the President to remove at will the Consumer Financial Protection Bureau Director, but it saves the rest of the Bureau’s authority. This article explains some of the decision’s implications for the CFPB, the FHFA, and other independent agencies. Of special note is the CFPB’s July 7th ratification of almost all of its existing rules and other past actions and its July 7th repeal of most parts of the payday loan rule.
FTC Bans Telechecks, Other Abusive Payments in Telephone Sales
As described in this article, effective June 13, the FTC has banned the use of telechecks, other remotely created orders, “cash-to-cash money transfers,” and “cash reload mechanisms” when goods or services are sold to consumers using the telephone.