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  • Article

    NYC Charges Way.com With Promoting Unlicensed Activity

    New York City's Department of Consumer and Worker Protection reached a settlement with Way.com over allegations that the online booking platform promoted illegal, unlicensed parking facilities. The company agreed to pay $200,000 in civil penalties and implement monitoring procedures to identify unlicensed facilities on its platform.
    United StatesConsumer Protection
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Payment Processor Charged With Participating In Telemarketing Scheme Settles With FTC

    The FTC's complaint charged Capital Payments with assisting and facilitating deceptive telemarketing acts in violation of the Telemarketing Sales Rule.
    United StatesConsumer Protection
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    President's Nominee For FTC Chairman Raises Concerns About Technology And Cyber Threats

    In his pre-hearing questionnaire submitted to the Senate's Commerce Committee, the President's nominee for Chairman of the FTC, Joseph Simons ...
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Proposed Class Action Over "Real Butter" Claim

    A consumer just brought a proposed class action against Schwan's Co., the maker of Mrs. Smith's pies, alleging that its "real butter" claim was misleading.
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Proposed Rule on Interchange Rate Provisions of Durbin Amendment

    On December 16, 2010, the Federal Reserve issued a proposed rule under Section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
    United StatesConsumer Protection
    Perkins Coie LLP
    Perkins Coie LLP
  • Article

    UDAAP Council Weekly UDAAP Standards Report - 10/23/2014

    Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.
    United StatesConsumer Protection
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Vermont Automatic Renewal Bill Slips Into Law

    Vermont has been keeping busy. We recently covered the Green Mountain State's aggressive anti-data broker legislation passed in May 2018, the first of its kind in the United States.
    United StatesConsumer Protection
    BakerHostetler
    BakerHostetler
  • Article

    Washington AG Reaches $1M Settlement Over Junk Fees

    Washington Attorney General Nick Brown secured a settlement with Lexyl Technologies and Bookonline.com over allegations that the companies deceptively added unnecessary "refund protection" fees to hotel bookings through pre-checked boxes. The settlement requires over $750,000 in consumer restitution and mandates that future fees require affirmative consumer opt-in rather than automatic enrollment.
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Washington AG Reaches $1M Settlement Over Junk Fees

    Washington Attorney General Nick Brown secured a settlement with Lexyl Technologies and Bookonline.com over allegations that the companies deceived consumers by automatically adding unnecessary "refund protection" fees to hotel bookings through pre-checked boxes. The companies will pay over $750,000 in consumer restitution and $300,000 to the AG, and must now require affirmative opt-in for such fees.
    United StatesConsumer Protection
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    What Can You Buy For $43,280?

    What can you buy for $43,280? Well, you could buy a convertible, an around-the-world cruise, or that timeshare you've always wanted in Cabo.
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    CFPB Files Lawsuit Alleging Deceiving Consumers About The Cost Of Short-Term Loans

    The Consumer Financial Protection Bureau (CFPB) announced this week that it has filed an administrative lawsuit against defunct online lender Integrity Advance and its CEO for allegedly deceiving consumers about the cost of short-term loans.
    United StatesFinance and Banking
    Reed Smith
    Reed Smith
  • Article

    Court Of Appeals Revives Breach Of Contract Claim Based On Alleged Violation Of HUD Regulations

    In Covarrubias v. CitiMortgage, Inc ., the plaintiff brought a lawsuit against CitiMortgage, claiming it improperly foreclosed on her home by failing to comply with U.S. Department of Housing and Urban Development regulations incorporated into her deed of trust.
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    Deposit Processing Is Subject Of New UDAAP Enforcement

    The CFPB, OCC and FDIC took action on August 12, 2015 against three banks in the Citizens Bank corporate family, resulting in $11 million in required restitution and a total of $20.5 million in federal civil money penalties.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    District Court Issues Favorable FDCPA Decision Addressing "Materiality" And The "Competent Attorney" Standard For Alleged Misrepresentations

    In Simon v. FIA Card Services, N.A., the United States District Court for the District of New Jersey addressed whether the defendants engaged in false, misleading, or deceptive conduct...
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    FDIC Enters Consent Order With Bank Regarding Prepaid Card Disclosures

    On March 7, 2018, the Federal Deposit Insurance Corporation (FDIC) entered into a consent order with The Bancorp Bank for allegedly making inaccurate disclosures ...
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    First Large Auto Lender To Move To Flat Rate Financing Experiences Sharp Drop In Originations

    In response to these pronouncements, in April 2014, BMO Harris Bank became the first lender to move away from a dealer reserve rate to a flat rate auto financing pricing model.
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    FTC Issues New Bulletin Regarding Employment Background Screening Regulations

    Troutman Sanders LLP frequently represents employment background screening companies and employers on compliance issues and in litigation on matters related to the FCRA.
    United StatesFinance and Banking
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    The Uncertain Utility Of A CFPB No-Action Letter

    The Consumer Financial Protection Bureau has long sought to promote, rather than prevent, innovation in financial products and services.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Certificate Of Need Laws: Desirable Or Destructive

    The Federal Trade Commission (FTC) is making headlines in Alaska, supporting a move to repeal that state's certificate of need (CON) law.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Defending Unfair Trade Practices Act And Unfair Insurance Practices Act Claims

    Defending Unfair Trade Practices Act And Unfair Insurance Practices Act Claims.
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP

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