Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

CFS Counsel

78 total results. Page 1 of 4.

Teresa M. Polino, David Salkeld
On July 16, 2020, the Federal Trade Commission (FTC) published a proposed rule for “Made in the USA” (MUSA) claims for labels in the United States.
Eva J. Pulliam, Christine Chong
The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and Attorney General enforcement began July 1, 2020.
J.H. Jennifer Lee, Deborah DiVerdi Carlson, Jake Christensen, Susan Tran
The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by amending the current restrictive regulatory framework on banking.
J.H. Jennifer Lee, Steven S. Broadley
On May 6, 2020, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts put the brakes on an attempt by Massachusetts Attorney General Maura Healey to alter the relationship between collectors and consumer debtors during the COVID-19 pandemic. 
J.H. Jennifer Lee, Jake Christensen
It feels like only yesterday that we were discussing the seminal 2018 DC Circuit case, PHH Corp. v. CFPB, the first decision to uphold the constitutionality of the Consumer Financial Protection Bureau (CFPB or Bureau).
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow
During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently discovered, good intentions don’t always lead to good outcomes.
J.H. Jennifer Lee, Jake Christensen, Shelby A. Cummings
The case reveals the Trump administration’s express recognition of the importance of the bureau’s work and highlights the declining ability of companies to challenge bureau investigations on constitutional grounds.
J.H. Jennifer Lee, Shelby A. Cummings
The result of such denials was not just academic; as a practical matter, they have paved the way forward for the Bureau to continue its investigatory work over the constitutional objections asserted by regulated entities. 
Eva J. Pulliam, Christine Chong
The European Data Protection Board (EDPB), an independent body that promotes cooperation and consistent application of data protection rules throughout the European Union, has released draft guidelines on connected vehicles and mobility-related applications.
J.H. Jennifer Lee, Jake Christensen
As the COVID-19 pandemic reaches further into all corners of the United States, a bevy of federal, state, and local emergency orders aimed at slowing the outbreak’s spread continues to impact an increasing number of industries and workers. 
J.H. Jennifer Lee, Tracy J. Luu-Varnes
The Consumer Financial Protection Bureau (Bureau) seeks industry feedback and public comment on various aspects of the remittance rule (Rule), which implements Section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
J.H. Jennifer Lee, Jake Christensen
California is poised to join the growing cadre of states enhancing their consumer financial protection functions in response to perceived decreasing federal oversight and enforcement under the Trump administration.
J.H. Jennifer Lee, Jake Christensen
The Consumer Financial Protection Bureau (the Bureau) recently issued an official policy statement (Policy) that illuminates how the Bureau will apply the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank Act) provision outlawing “abusive acts or practices.”
J.H. Jennifer Lee
On November 22, 2019, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment in federal district court in the Southern District of New York against Sterling Infosystems, Inc. (Sterling).
J.H. Jennifer Lee, Jake Christensen
A recent 10-year study and report issued by Lex Machina has illuminated important federal court litigation trends in the consumer protection space.
J.H. Jennifer Lee
So much to say, so little time. Historically groundbreaking, a federal court in Madison, Wisconsin engaged in the most robust, methodical damages analysis under the Consumer Financial Protection Act, found in Title X of the Dodd-Frank Act, that had ever been undertaken in recent years.
J.H. Jennifer Lee
The rulemaking also has the potential to address how the agency is to properly effectuate the purpose of the Dodd-Frank Act.
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow
Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October.
J.H. Jennifer Lee
Earlier this week, Bloomberg Law reported that courts have stayed CFPB litigation while they wait for a Supreme Court ruling on the bureau’s structure and those stays could reduce the CFPB’s leverage in enforcement matters.
J.H. Jennifer Lee, Susan Tran, Julia E. Johnson
As promised, we return now to provide an overview of the CFPB’s petition activity for the year to-date. In addition to the Bank of America (BofA) petition denial we discussed last month, the CFPB has issued a series of decisions denying petitions to modify or set aside civil investigative demands.
J.H. Jennifer Lee, Susan Tran, Julia E. Johnson
As recently as last week, the Consumer Financial Protection Bureau has continued on its campaign of federal consumer protection and enforcement decisions.
Anthony V. Lupo, B. Thorne Maginnis
The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.
James M. Westerlind
We are pleased to provide you with the updated, 2019 version of the Arent Fox Survey of Data Breach Notification Statutes.
J.H. Jennifer Lee, Susan Tran
Arent Fox Partner Jenny Lee and Associate Susan Tran recently wrote the article, “Consumer Protection in the New Economy: Privacy Cases in E-Commerce Transactions or Social Media Activities,” that was published in The Consumer Finance Quarterly Report, Volume 73, No. 1.
Matthew R. Mills, Eva J. Pulliam, Megan A. Rzonca
Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining consent. The defendants are required to pay over $9 million in consumer refunds.