FTC Issues Advisory Opinion Affirming Consumer Rights Under the Holder in Course Rule
Upon request of the several prominent consumer advocacy groups, the Federal Trade Commission issued an advisory opinion yesterday, reaffirming the consumers’ rights under the Holder in Due Course Rule. The Rule provides consumers with claims and defenses when merchants sell consumer credit contracts to another lenders. The rule entitles a consumer to assert the same [...]
Internet Opt In Leads Causing Trouble
This morning The Today Show ran an ugly expose on a telemarketer purportedly calling people on the federal Do Not Call list. When the owner finally got a word in edgewise, he said he wasn’t violating the law because they were opt in leads. What does this mean? Lately it means a lead broker selling [...]
CFPB Launches Public Inquiry Into Arbitration Clauses
Yesterday (April 24th) the Consumer Financial Protection Bureau (CFPB) launched a public inquiry into how consumers and financial services companies are affected by arbitration and arbitration clauses. The purpose of the study is for the CFPB to assess whether imposing conidtions or prohibitions on arbitration would better protect consumers. Arbitration is a formal way to [...]
Arizona Incorporates Business Opportunity Laws Into its Telephone Solicitation Statute
On April 4, 2012 the Arizona governor signed into law a bill that amends its laws pertaining to telephone solicitations, including the adoption of specific requirements pertaining to sellers of business opportunities. Significant new provisions include the following: Persons offering to sell “identity protection assistance” during inbound calls and/or offering business opportunities through any means [...]
FTC Case Against Deceptive Robocallers Leads to Record $30 Million in Civil Penalties
Cash Grant Institute Called Consumers on the Do Not Call Registry, Promised Cash Grants That Didn’t Exist In response to charges by the Federal Trade Commission, a federal judge has ordered the defendants, Paul Navestad, also known as Paul Richard, and Chintana Maspakorn, also known as Christina Maspakorn, both doing business as, among others, The Cash [...]
Summary of the FTC’s Final Privacy Report
Summary of the FTC’s Final Privacy Report “Privacy by Design” On March 26, 2012 the Federal Trade Commission (FTC) released its long anticipated final privacy report entitled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers” (Report). The Report, which expands on the principles outlined in the FTC’s December 2010 [...]
FTC settles with car dealers nationwide
Five car dealers around the country have agreed to Federal Trade Commission settlement orders which require the dealers to stop running ads in which they promise to pay off a consumer’s trade-in, regardless of what the consumer owes on the vehicle. The FTC’s complaints against the dealers allege that despite their claims, consumers still end [...]
Massachusetts Modernizes Debt Collection Regulations
Earlier this month, the Massachusetts Attorney General adopted amendments to its debt collection regulations to address modern technologies, such as text messages, used by the industry and to harmonize the regulations with those adopted by other state and federal agencies. Changes include, but are not limited to, the following: The definition of creditor is expanded [...]
Vehicle Protection Association (VPA) Names Chris Carenza Executive Director
The Vehicle Protection Association (VPA), an association formed to promote regulatory transparency, education and accountability for marketing and servicing automotive service contracts, today announced the appointment of Chris Carenza as its new executive director. The VPA board approved Carenza’s appointment, effective immediately. Carenza joins the Vehicle Protection Association after five years of distinguished service as [...]
Auto Related Complaints among FTC’s Top Complaint Categories for 2011
The FTC recently released its top ten consumer complaint categories for 2011. Of more than 1.8 million complaints received by the FTC in 2011, 77,435 were automotive related. This represents 4 percent of all the complaints received by the FTC and makes automotive complaints the 7th largest complaint generator. For the 12th year in a [...]


