These days, consumers can obtain everything from newspapers to meal kits to credit monitoring services through subscriptions. The prevalence of these services, and the ease with which consumers can sign up, have gotten the attention of regulators who are concerned that some negative option marketing might confuse or trick consumers. The CFPB, FTC, and state AGs have been particularly vocal about practices they deem “dark patterns,” and continue to focus on the area.     

Recently, the CFPB put out guidance warning covered companies and service providers that “dark patterns” surrounding negative option marketing violate the Consumer Financial Protection Act’s prohibition on unfair, deceptive, or abusive acts or practices.

https://www.adlawaccess.com/2023/01/articles/regulators-continue-to-focus-on-dark-patterns-in-negative-option-marketing/

Kate White
KWhite@kelleydrye.com
(202) 342-8855
https://www.kelleydrye.com/Our-People/Katherine-White

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Hosted by Simone Roach

Regulators Continue to Focus on “Dark Patterns” in Negative Option Marketing

Wednesday February 8, 2023 CFPB Cracks Down on Excessive Credit Card Fees

Tuesday March 28, 2023 CFPB Orders Repeat Offender to Pay $24 Million

Yesterday, the Consumer Financial Protection Bureau (CFPB) released a notice of proposed rulemaking that would allow the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps. The move is intended to address perceived ​“regulatory arbitrage by ensuring large technology firms and other nonbank payments companies are subjected to appropriate oversight,” according to CFPB Director Rohit Chopra.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-issues-proposed-rule-to-expand-supervisory-authority-conduct-examinations-of-digital-wallets-and-mobile-payment-apps

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
https://www.kelleydrye.com/people/donnelly-l-mcdowell

Matthew Luzadder
mluzadder@kelleydrye.com
(312) 857-2623
https://www.kelleydrye.com/people/matthew-c-luzadder

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
https://www.kelleydrye.com/people/alexander-i-schneider

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CFPB Issues Proposed Rule to Expand Supervisory Authority

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB Targets Data Brokers with Latest Proposed Rule," consumer protection attorney Anthony DiResta shares his insight on the Consumer Financial Protection Bureau's (CFPB) proposed rules governing the practices of data brokers under the Fair Credit Reporting Act (FCRA). He outlines the comprehensive rules established by the FCRA that regulate consumer reporting agencies as well as the CFPB's previous studies regarding data brokers. Mr. DiResta explains that the key to staying on top of the current laws that deal with technological developments is to pay attention to the CFPB's initiatives that go beyond the financial services industry.

For more, visit: https://www.hklaw.com/en/insights/media-entities/2024/02/podcast-the-cfpb-targets-data-brokers-with-latest-proposed-rule

The CFPB Targets Data Brokers with Latest Proposed Rule

Last week, state attorneys general (AGs) gathered to discuss Nevada Attorney General and Attorney General Alliance Chair Aaron Ford’s Initiative, focusing on consumer protection education. Attendees heard from many panels discussing topics ranging from consumer financial literacy, digital literacy, and cybersecurity, to the continued hot topic of AI. We are highlighting the fireside chat between AG Ford and CFPB Director Rohit Chopra, as they discussed a variety of important topics and collaboration with State AGs.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/attorney-general-alliance-meeting-recap-focus-on-director-chopras-remarks

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Attorney General Alliance Meeting Recap- Focus on Director Chopra's Remarks

Yesterday, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for investigation and enforcement. While the report addresses credit card rewards programs specifically, there are important takeaways for co-branded partners and any company offering a loyalty or rewards program to mitigate risk of enforcement and litigation.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-report-and-hearing-with-dot-highlight-risks-with-rewards-programs

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

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Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

CFPB Report and Hearing with DOT Highlight Risks with Rewards Programs

On Tuesday, the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule that requires many financial institutions, credit card issuers, and other financial service providers that facilitate payments (including mobile wallets and payment apps) to support new open banking standards and make account records accessible and portable. The CFPB uses the term ​“open banking” to refer to the ability of customers to share personal financial data between a network of entities.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-pushes-move-to-an-open-banking-system-with-the-personal-financial-data-rights-rule-and-sparks-immediate-court-challenges-from-industry

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Matt Luzadder
mluzadder@kelleydrye.com
(312) 857-2623
https://www.kelleydrye.com/people/matthew-c-luzadder

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
https://www.kelleydrye.com/people/alexander-i-schneider

Leah Plagge Rabkin
lrabkin@kelleydrye.com
(202) 342-8523
www.kelleydrye.com/people/leah-plagge-rabkin

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

CFPB Pushes Move To An Open Banking System With The Personal Financial Data Rights Rule

Last Thursday, the Consumer Financial Protection Bureau (CFPB) announced a Final Rule authorizing the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps for consumers’ general use. The Final Rule, which takes effect 30 days after publication in the Federal Register, largely mirrors the agency’s earlier proposed rule, which we blogged about last year. Assuming it takes effect and is not overturned or cut back, the Final Rule will enable the CFPB to supervise companies in key areas such as privacy and information sharing, alleged banking errors and fraudulent and disputed transactions, and debanking or consumer loss of access to payment technologies or accounts.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-finalizes-rule-to-supervise-digital-wallets-and-mobile-payment-apps-ahead-of-transition-to-trump-administration

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
www.kelleydrye.com/people/alexander-i-schneider

Salim Rashid
srashid@kelleydrye.com
(202) 342-8473
https://www.kelleydrye.com/people/salim-rashid

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

CFPB Finalizes Rule To Supervise Digital Wallets And Mobile Payment Apps

2024’s National Association of Attorneys General (NAAG) Capital Forum took place December 9-11. The Kelley Drye State AG Practice team was there as the AGs closed out a year of insights, including Oregon Attorney General Ellen Rosenblum’s Presidential Initiative concerning children’s welfare. During the sessions, we heard from two federal agency heads regarding their goals and how they can collaborate with AGs to accomplish them. We also heard from AGs and other notable panelists on topics ranging from charity to national security. Here are some of the highlights.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-close-out-2024-and-preview-2025-at-naag-capital-forum

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

State AGs Close Out 2024 And Preview 2025 At NAAG Capital Forum

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta explores the future of the Consumer Financial Protection Bureau (CFPB) under the Trump Administration. He discusses an email from acting director Russell Vought directing staff to halt enforcement activities, along with how employees responded to it. Mr. DiResta explains that though the director has the authority to freeze such activities, the CFPB itself cannot be closed without congressional action.

Changes at the CFPB Under the Trump Administration

While leadership has changed at both the Consumer Financial Protection Bureau and the Federal Trade Commission, Allied Solutions suggested that auto-finance companies stay vigilant about compliance, especially with complex activities like ancillary product refunds.

In this special sponsored episode of the Auto Remarketing Podcast, two executives from Allied Solutions’ deep roster of experts — John Elias and Peter Krall — recapped what’s happened on the regulatory front and how auto-finance leaders can stay ahead of this shifting landscape.


Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement

Your weekly dose of auto industry news and conversation with top executives, specifically tailored for the used-car side of the business.

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. 

Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.

Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

New tracks tagged #CFPB