Compliance Now

Bringing clarity and insight to the consumer protection regulations impacting your business

FCC Set to Sail, but Missing a Captain

On Thursday August 3, 2017, the Senate voted to confirm FCC Commissioners Jessica Rosenworcel and Brendan Carr while delaying a vote on Chairman Ajit Pai. Rosenworcel and Carr’s confirmations restore the FCC to its full five-member quorum. Rosenworcel, a Democrat, was unable to achieve confirmation before expiration of her previous term, and her appointment by [...]

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Join M&S at the PACE Washington Summit and Receive $200 Off the Early-Bird Registration Rate

Join Mac Murray & Shuster for the 2017 PACE Washington Summit on September 17 – 19, and receive $200 off the Early-Bird Registration Rate! Just use promo code MSLAW200 when registering to receive $200 off the current Early Bird registration price of $649 for PACE Members and $949 for non-members. The PACE Washington Summit is the only conference [...]

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CFPB Issues New Rule Restricting the Use of Arbitration Agreements

On July 10th, the CFPB issued its final rule on the use of arbitration provisions in consumer financial agreements. Although the rule and official commentary weigh in at 775 pages, the following three requirements in particular are important for providers of consumer financial products and services: Class action waivers in pre-dispute arbitration agreements can no [...]

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FTC Cuts Red Tape to Improve Efficiency and Transparency in Investigations

On July 17, Acting FTC Chairman Maureen K. Ohlhausen announced internal process reforms in the agency’s Bureau of Consumer Protection. The Commission’s reforms address Civil Investigative Demands (CID) in consumer protection cases. Under the new initiative, CIDs will be required to include more detailed information regarding the scope and purpose of investigations, while providing businesses [...]

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Watchdog Barks At GOP Attorney General, But Will It Bite?

Government watchdog group The Center for Media and Democracy is suing the Utah attorney general’s office for allegedly refusing to release documents related to the office’s ties with the Republican Attorneys General Association (RAGA). In its lawsuit, The Center for Media and Democracy argues that Attorney General Sean Reyes’ office is violating Utah’s open records [...]

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CFPB Bans Class Action Waivers in Consumer Financial Arbitration Clauses

Yesterday the CFPB issued its final rule on the use of arbitration clauses in consumer financial agreements.  At a staggering 775 pages with official commentary, the rule: Bans the use of class action waivers in pre-dispute arbitration agreements; Requires providers to affirmatively disclose in pre-dispute arbitration agreements that the consumer can file a class action; [...]

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Trump Nominates Carr, ‘Revs Up’ Commission

On Thursday, June 29, President Donald Trump nominated Brendan Carr to fill the final vacant seat at the Federal Communications Commission. Carr’s nomination would leave the FCC with a 3-2 Republican majority if approved, following President Trump’s nomination of Jessica Rosenworcel to a Democratic seat on June 14. Carr, the FCC’s general counsel, is a [...]

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New Bill Calls for Transparency in Government Settlements

Senators Elizabeth Warren (D-Mass.) and James Lankford (R-Okla.) recently introduced a bipartisan bill to increase transparency in federal agency settlements. The Truth in Settlements Act of 2017, S. 1145 would require online posting of every federal agency settlement, information about the parties and settlement terms, and the amount of the penalty or payment that is tax deductible. [...]

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Trump to Nominate Democrat Jessica Rosenworcel for FCC Empty Seat

Just months after withdrawing her name as a candidate for the open Democratic seat on the Federal Communications Commission (FCC), President Donald Trump announced Tuesday his intent to nominate Jessica Rosenworcel to serve on the Commission. Led by Republican Chairman Ajit Pai, the FCC currently has a 2-1 Republican majority, with other seats filled by [...]

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Buyers Are Not Collectors, Says Supreme Court

In a landmark ruling resolving one of the most controversial circuit splits in the country, the Supreme Court on Monday ruled that a debt buyer is not a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). Writing for a unanimous court, newly-seated Justice Gorsuch explained in Henson v. Santander Consumer USA Inc. that [...]

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