Consumer Protection News November 2016

The following is a compendium of information that may be of interest to our AG offices who are dealing with consumer protection issues. Neither the National Association of Attorneys General nor the National Attorneys General Training & Research Institute expresses a view as to the accuracy of the matters, nor as to the position expounded by the authors of the hyperlinked materials.

Federal Consumer Protection Agencies

Consumer Financial Protection Bureau

CFPB Monthly Complaint Snapshot

The CFPB has released a monthly complaint snapshot highlighting consumer complaints about prepaid products. Consumers continue to experience issues trying to manage their accounts and access funds. The report also highlights trends seen in complaints coming from North Carolina.

http://www.consumerfinance.gov/about-us/newsroom/cfpb-monthly-complaint-snapshot-spotlights-prepaid-product-complaints/

Supervisory Highlights, Issue No. 13 (Fall 2016) Available

This issue reports findings in the areas of automobile origination, automobile servicing, debt collection, mortgage origination, student loan servicing and fair lending.

http://www.consumerfinance.gov/data-research/research-reports/supervisory-highlights-issue-no-13-fall-2016/

CFPB Monthly Complaint Report, Vol. 16 (October 2016) Available

http://www.consumerfinance.gov/data-research/research-reports/monthly-complaint-report-vol-16/

2016 Annual Report of the CFPB Student Loan Ombudsman Available

http://www.consumerfinance.gov/data-research/research-reports/2016-annual-report-cfpb-student-loan-ombudsman/

Federal Communications Commission

Broadband Consumer Privacy Rules

The FCC has released rules to protect broadband consumer privacy. Adopted are rules that require broadband Internet Service Providers (ISPs) to protect the privacy of their customers. The rules implement the privacy requirements of Section 222 of the Communications Act for broadband ISPs.

https://www.fcc.gov/document/fcc-releases-rules-protect-broadband-consumer-privacy

Federal Trade Commission

Proposed Orders Regarding Electronic Cigarette Marketers

The FTC has issued a second Register Notice on proposed orders requiring electronic cigarette marketers to produce information about sales and marketing expenditures. The FTC is seeking public comment on proposed information requests to marketers of e-cigarettes.

https://www.ftc.gov/policy/federal-register-notices/agency-information-collection-activities-proposed-collection-10

Public Conference on Identity Theft

The FTC will hold a public conference on identity theft May 24, 2017 in Washington DC. The all-day conference will examine the state of identity theft now and how it will evolve in the future.

https://www.ftc.gov/news-events/press-releases/2016/10/ftc-hold-public-conference-identity-theft

Workshop to Examine Changing Consumer Demographics

FTC will host a workshop on December 6, 2016 bringing together researchers, marketers, community groups, and law enforcement to examine the changing consumer demographics in this country and how they will affect the FTC’s future work. The workshop will be held in Washington, DC and is open to the public.

https://www.ftc.gov/news-events/events-calendar/2016/12/changing-consumer-demographics

Other Items of Interest

Payday lending dispute opinion in favor of State of Georgia

The Georgia Supreme Court, in cases consolidated for review, examined the scope of the State’s authority to regulate “payday loans” pursuant to the state’s Payday Lending Act. The State had filed suit alleging that CashCall, Inc., Delbert Services Corporation, Western Sky Financial, LLC, and Martin A. Webb had violated the statute by engaging in a small-dollar enterprise that collected illegal usurious interest and sought civil penalties and injunctive relief. Following arbitration, the trial court had found a substantial likelihood that the State would prevail on the merits of the claim at trial and further found a substantial threat existed that the State would suffer irreparable injury in that there might not be sufficient funds available to satisfy a judgment shout the State prevail at trial. Based on these findings, the court ordered the defendants to deposit $15 million as well as additional amounts that could be collected from Georgia borrowers in the future. The defendants moved to dismiss, which the Supreme Court denied on appeal, affirming the trial court’s order.

http://cases.justia.com/georgia/supreme-court/2016-s16a1011.pdf?ts=1477915285


Mark Neil is the Editor of Consumer Protection News and may be reached at 202-326-6019. Consumer Protection News is a publication of the National Association of Attorneys General (NAAG). Any use and/or copies of this newsletter in whole or in part must include the customary bibliographic citation. NAAG retains copyright and all other intellectual property rights in the material presented in this publication. For content submissions or to contact the editor directly, please e-mail mneil@naag.org.

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