With three nominations in the queue, the CPSC could be on the way to a Democrat majority. The Biden Administration recently completed its list of three nominees to serve as Chairman and Commissioners.  The list includes Alexander Hoehn-Saric as Chairman (currently Chief Counsel for Communications and Consumer Protection at the House Energy and Commerce Committee),

Over the course of about a week, the CPSC, an agency that rarely litigates, flexed its litigation muscles not once, but twice,  recently filing complaints against Amazon and Thyssenkrupp Access Corp., seeking to force both companies to conduct recalls. Both are administrative complaints.

Fulfilled by Amazon

The CPSC voted 3-1 to file its complaint against

The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest Commissioner ever at 32.  As we previously discussed here, Khan is primarily known as an antitrust scholar advocating for more exacting scrutiny of big tech

At a hearing of the Antitrust Subcommittee of the Senate Judiciary Committee today, Chair Amy Klobuchar (D-MN) emphasized the need for broad antitrust reform. While she rallied bipartisan support to supplement antitrust budgets and encountered little opposition for helping news outlets bargain with social media, prospects for her sweeping S. 225, the Competition and Antitrust

In a significant but unsurprising move, the CFPB announced today that it was rescinding a policy statement issued in January 2020 that sought to tether the Bureau’s “abusive” authority to certain limiting principles.  The move signals that the Bureau is likely to interpret its authority to prevent “abusive acts and practices” under the Dodd-Frank Act

President Biden’s nominee to serve as CFPB Director, Rohit Chopra, today testified in front of the Senate Banking Committee about his potential regulatory and enforcement priorities as head of the consumer finance regulator. As we previously discussed, President Biden tapped Chopra, three years into his tenure as FTC Commissioner, to serve as Director

Ad Law Access PodcastOften when people think about the Consumer Financial Protection Bureau (CFPB) they say to themselves, “well, I’m not a bank so that doesn’t really apply to me.” But consumer financial protection laws are actually much broader and cover all aspects of consumer financial products, any way that consumers bank, pay, or finance transactions and the

Kelley Drye Advertising Law Summer Webinar Series This Wednesday, July 22
Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
Register Here

COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they

On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the government debt exception.  William P. Barr et al. v. American Association of Political Consultants et al., Case No. 19-631 (2020).  Our preview of the Supreme Court’s consideration of the Barr case can

The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief,” and allows the SEC to