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
CFPB Rescinds “Abusive” Policy Statement, Signaling Broader and More Aggressive View of “Abusive” Authority
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
Chopra Navigates Questions and Predicts Priorities at Friendly CFPB Nomination Hearing
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 Podcast – What to Expect in Consumer Financial Protection and FinTech in 2021
Often 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
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Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
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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
Supreme Court Upholds Constitutionality of the TCPA
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
Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)
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
Spotlight on Charitable Campaigns
The COVID-19 pandemic has given all of us renewed interest in our communities and giving back to them. Similarly, many companies are teaming up with charitable organizations to support efforts related to COVID-19 through cause marketing campaigns. Cause marketing campaigns can trigger various state laws, like those governing “commercial co-ventures,” particularly when they
Briefing with the State Enforcers: From the ABA Virtual Antitrust Spring Meeting
Bill MacLeod and other panelists representing antitrust and consumer protection bureaus from across the country discussed recent enforcement activities and the ongoing missions of state enforcement agencies during the American Bar Association’s Antitrust Section Virtual Spring Meeting.
Watch the replay here.
What to Expect in FTC Consumer Protection Enforcement: From the ABA Virtual Antitrust Spring Meeting
In conjunction with the American Bar Association’s Antitrust Section Spring Meeting, practice chair Christie Thompson participated in a panel discussion on recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has