Civil Law

CFPB Spring 2024 Supervisory Highlights looks at consumer reporting companies and furnishers

The CFPB has released the Spring 2024 edition of Supervisory Highlights.  The report discusses CFPB examinations in connection with credit reporting and furnishing that were completed from April 1, 2023 through December 31, 2023.

Key findings by CFPB examiners are described below.

Examinations of credit reporting companies (CRCs) found the following deficiencies:

  • CRCs failed to timely implement blocks of information after receiving the requisite information relating to an alleged identity theft, without otherwise making a reasonable determination with respect to
… Read the rest
Civil Law

Department of Transportation (DOT) consumer protections – new rules to watch

As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.

Ancillary fees 

In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest

Supreme Court

Consumer watchdog funding fight goes before justices

Consumer watchdog funding fight goes before justices

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In the aftermath of the 2008 financial crisis, Congress consolidated the task of enforcing federal consumer finance laws into one agency. It created the Consumer Financial Protection Bureau to protect consumers in the marketplace and, in part, regulate predatory financial products, like the high-risk mortgages that had contributed to the crash. As part of its efforts to foster the agency’s independence, funding for the CFPB would come not from the annual appropriations process in Congress, but instead from the … Read the rest

Civil Law

Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it.  Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.  

In Polson v. AstraZeneca Ltd. Partnership,  2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest

Civil Law

Strauss estimates a greater impact of the Salmonella incident, partly because of consumer lawsuits

The cost of a recall and plant closure due to Salmonella contamination is to be more than initially predicated, according to Strauss Group.

The company updated the estimated damage to net profit for 2022 due to the recall and shutdown of the plant in Nof Hagalil, Israel to a range of Israeli New Shekel (NIS) 290 to 310 million ($ 84.8 to $ 90.7 million).

In May, estimates showed the confectionery recall and closure of the factory would impact net … Read the rest

Supreme Court

Government appeals decision against Consumer Financial Protection Bureau

Government appeals decision against Consumer Financial Protection Bureau

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

For the second time in just over three years, the Supreme Court may determine the future of the federal watchdog agency that seeks to protect consumers in the financial sector.

Three terms ago in Seila Law v. Consumer Financial Protection Bureau, the justices ruled by a vote of 5-4 … Read the rest

Civil Law

Consumer groups encourage USDA secretary to continue efforts to make chicken products safer

Several groups, including Consumer Reports and STOP Foodborne Illness, have written to USDA Secretary Tom Vilsack in support of increased food safety efforts regarding Salmonella in poultry.

The groups describe current regulations as “antiquated” and encourage the secretary to move forward to develop new and enforceable standards that are product based. They say such changes are “a commonsense approach” and will help protect consumers from dangerous Salmonella-contaminated poultry.

“These reforms are urgently needed. Salmonella illness rates in the United States … Read the rest