Compliance Now

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

Dec 04, 2017

FCC Approves New Data-Gathering Broadcast Signal

On November 16th, the Federal Communications Commission (FCC) voted 3-2 to allow television broadcasters to voluntarily use Next Gen TV. The new technology gives advertisers substantially more data about consumers’ viewing habits. Formally known as ATSC 3.0, Next Gen TV is a broadcasting signal that employs more precise geolocation technology. The advantage to consumers is [...]

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Nov 17, 2017

Cordray’s Departure as Head of CFPB Opens Door for New Agency Direction

Richard Cordray recently announced his departure as director of the Consumer Financial Protection Bureau (CFPB) amid growing speculation that he will run for governor of Ohio. Cordray, a former Ohio attorney general and state treasurer, is widely regarded as a top Democratic candidate in the upcoming gubernatorial race. Cordray proved to be a controversial figure [...]

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Nov 01, 2017

Gatorade Videogame Bolt! Advertising Misleading, Says CA Attorney General

The California Attorney General recently settled with Gatorade over allegations that the company made misleading statements about water in its mobile videogame “Bolt!” Called an “advergame,” the settlement serves as a warning to companies that regulators are looking beyond traditional advertising for violations of consumer protection laws. Users played the game as Olympic Gold Medalist [...]

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Oct 26, 2017

Senate Votes to Overturn CFPB Arbitration Rule

In a 51-50 vote, with Vice President Pence breaking the tie, the Senate voted to overturn the Consumer Financial Protection Bureau’s (CFPB) controversial arbitration rule using the Congressional Review Act. The rule would have generally prohibited consumer financial services companies from including class action waivers in binding arbitration agreements and imposed onerous reporting requirements.  We [...]

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Oct 20, 2017

Trump Bolsters FTC with Antitrust Litigator and Former CFPB Member

President Donald Trump has named Joseph J. Simons of Paul Weiss Rifkin Wharton & Garrison LLP to chair the Federal Trade Commission (FTC). Simons has previous experience with the FTC and originally joined the Agency in the 1980’s. After becoming director of the Bureau of Competition in 2001, Simons oversaw a variety of high profile [...]

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Oct 17, 2017

CFPB Finalizes Small Loan Rule

Earlier this month, the Consumer Financial Protection Bureau (CFPB) finalized a rule aimed at stopping payday debt traps by requiring lenders to determine upfront whether consumers can afford to repay their loans. While referred to colloquially as the “payday loan rule,” the rule covers a variety of loans that require consumers to repay all or [...]

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Sep 18, 2017

#Hashtag: FTC Puts Social Media Marketing on Notice

The Federal Trade Commission (FTC) recently announced it settled an enforcement action against two social media influencers for failing to disclose the material relationship between themselves and the business they were promoting. Social media influencers are individuals who have a following on social media and can use their status to influence the popularity or perception [...]

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Aug 31, 2017

New West Virginia Law Adds Protection for Creditors and Debt Collectors

West Virginia Consumer Collection Practices Act (“WVCCPA”) now allows creditors and debt collectors a 45-day opportunity to cure an alleged violation before a consumer may file a lawsuit. Before prosecuting a claimed violation, a consumer must notify the creditor or collector of the violation. The notice must clearly state that the consumer is claiming violations [...]

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Aug 09, 2017

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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Jul 26, 2017

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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