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The FTC and DOJ have updated 2016 antitrust guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. Businesses and their HR personnel need to understand that the new guidelines are a source of explanation concerning how certain...

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh recognized not all clauses warrant enforcement in Pierce v. FloatMe Corp., No. GD...

ALERT UPDATE: The Federal Trade Commission ("FTC") published the annual revision to the Hart-Scott-Rodino ("HSR") thresholds and filing fees on January 22, 2025. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act . The new thresholds and filing fee schedule...

The Consumer Financial Protection Bureau (“CFPB”) filed an action on December 23, 2024, against Rocket Home Real Estate LLC (“Rocket Homes”), a real estate brokerage and affiliates (“Defendant Brokerage”) and an individual owner of the real estate brokerage, asserting violations of the Real Estate...

Overview On January 2, 2025, the Federal Trade Commission (FTC) published 2025 HSR Form Updates: What Filers Need to Know. Essentially, the document is a summary of the 400+ page final rule, published at Federal Register: Premerger Notification; Reporting and Waiting Period Requirements, and readers...

After nearly a year of speculation, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (the “Rule”) to cap overdraft fees that financial institutions with at least $10 billion in assets can assess to consumers. The CFPB has hailed the issuance of the Rule as permitting “consumers...

Overview On October 10, 2024, the Federal Trade Commission (“ FTC”) released the final version of material changes to the submissions required under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). The final rules (“ Rules”), [1] first proposed in mid-2023, while scaling back several of the...

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued guidance and strategies (“Guidance”) concerning cybersecurity risks that arise in response to the advancements in artificial intelligence (“AI”). While AI technology has, in many cases, positively impacted businesses...

With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement permitting college athletes to apply for payment for their on-field...

On July 11, 2024, the U.S. Court of Appeals for the 7th Circuit held in Bureau of Consumer Financial Protection v. Townstone Financial, Inc. , that the Equal Credit Opportunity Act (“ECOA”) prohibits discriminatory conduct, comments or remarks directed at both actual and prospective applicants for...

On July 1, 2024, the Consumer Financial Protection Bureau (“CFPB”)—the primary federal watchdog of the consumer finance industry—along with several other federal agencies, approved a new rule to regulate the use of automated valuation models (“AVMs”) affecting the mortgage industry. The new rule...

Introduction On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all settlement agreements made between parties appearing before the Patent Trial...

On May 16, 2024, the United States Supreme Court issued its highly anticipated decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America , determining once and for all that the Consumer Financial Protection Bureau’s (“CFPB”) self-funding mechanism is not...

The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer programming. According to the consent order, the school “offers training...

On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of the public can make reports of what they believe to be competition –...

Mark April 4, 2024 in your calendar – it is the day that the Consumer Financial Protection Bureau (CFPB) set its sights on the video game industry. The CFPB issued a Report this week entitled "Banking in video game and virtual worlds [1] ." In the Report, the CFPB detailed the many different ways it...

The Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds will take effect 30 days after publication in the Federal Register and will remain in effect until the next annual change in early 2025. See Federal Register: Revised...

On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on a finding that the defendants conspired to fix commission being paid by...

I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread implications for the consumer finance industry, as it challenges the...

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