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ARTICLE · 13 MAY 2022

Subscription Services In The Crosshairs Again

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In April, the Consumer Protection Financial Bureau (CFPB) announced that it filed a lawsuit against TransUnion, two f its subsidiaries, and one of its longtime executives for violating...

United StatesConsumer Protection
Terri Seligman
Terri Seligman
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In April, the Consumer Protection Financial Bureau (CFPB) announced that it filed a lawsuit against TransUnion, two of its subsidiaries, and one of its longtime executives for violating a 2017 Order regarding deceptive marketing of TransUnion's credit monitoring and other services. In the new lawsuit, the CFPB alleged that, notwithstanding the Order, TransUnion continued its unlawful behavior "and continued employing deceitful digital dark patterns to profit from customers."  The "dark pattern" at issue here?  Tricking consumers into subscribing to TransUnion's service and making it difficult for consumers to cancel.

Although I usually blog about the FTC's and the states' activities in the auto-renew space, this CFPB action caught my eye because of the alleged "dark patterns" at issue, ones that may be recognizable to consumers of all kinds, not just purchasers of credit monitoring services.  As noted in Director Chopra's prepared remarks about the lawsuit, "Dark

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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