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President Biden issued an executive order on the "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," recognizing the potential benefits and risks of AI. The order aims to establish guidelines for AI and its applications, particularly in consumer financial services. It encourages the Consumer Financial Protection Bureau (CFPB) to address bias in underwriting models and collateral-valuation processes, as well as issues related to tenant screening systems and the advertising of housing and credit through digital platforms. The order emphasizes the protection of consumers from fraud, privacy infringements, and discrimination. [Extracted from the article]

Since 1981, the foundation of the Federal TradeCommission's consumer protection enforcement program hasbeen using Section 13(b) to attack fraud in federaldistrict court. Two reports, the first byyoung students under the auspices of consumer advocateRalph Nader,9 and the other by a prestigious committee ofthe American Bar Association10 with future FTC ChairmanMiles Kirkpatrick as its head and another future ChairmanRobert Pitofsky as the Commission Counsel, were scathingin their criticism of the FTC. 13(b) reaches the Supreme court Because of the FTC's expansive claims of monetary reliefpowers and because the courts were addressing relatedissues of the Securities and Exchange Commission's powersto obtain monetary relief, the FTC's authority is now indoubt. In two cases, both of which the FTC has styledessentially as fraud cases, the Ninth and SeventhCircuits have taken contradictory positions, with thelatter denying that 13(b) authorizes monetary relief.23Ironically, the FTC could have used our argumentunderlying the fraud program, namely that 13(b) wasnecessary to obtain money for a narrow class of cases forwhich the 1975 remedial provisions would not work, as weelaborate below. [Extracted from the article]

Telemarketing has been a long-standing issue in the United States, with the federal government stepping in to regulate it in the 1990s. The Do Not Call Registry was created in 2003 by the Federal Trade Commission (FTC) to allow consumers to opt out of receiving telemarketing calls. However, the registry only applies to for-profit telemarketers, leaving nonprofits free to make calls. Telemarketers have challenged the registry on First Amendment grounds, but courts have upheld its constitutionality. Despite legal and technological barriers, telemarketing remains a prevalent method of consumer outreach. [Extracted from the article]

The article analyzes how federal courts have interpreted requirements for class certification. Topics discussed include need for defense practitioners to develop a strong factual record to support ordinarily successful arguments, requirement of ascertainability to enforce differently depending on the jurisdiction and various causes of action including unjust enrichment, breach of warranty, and consumer fraud violations.

Consumer class actions surface in virtually every industry and cover a wide range of products and business practices. Following the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011), holding that a class action waiver provision in a consumer form contract was enforceable, businesses increasingly have inserted such provisions in consumer contracts and often have succeeded in using those agreements to force putative class actions to individual arbitration. Among the most frequently asserted types of consumer claims are fraud and negligent misrepresentation, breach of contract, breach of warranty, defective design, and violation of state consumer protection statutes. [Extracted from the article]

The article focuses on service mark counterfeiting and remedies against it. It offers steps to be taken by an organization in response to misdirected complaints including encouraging the defrauded consumer to file an online complaint with the Federal Trade Commission, recording the consumer's name and contact data and supplying evidences to the FBI Cyber Division. It reflects on service mark counterfeiting related to consumer fraud on the Internet under U.S. trademark law.

The article discusses the liability of discharge false claims under Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It discusses the origins and legislative history of section 1141(d)(6)(A), which exempts two kinds of debts from bankruptcy discharge that is debts to a domestic governmental unit arising out of fraud and debts owed to a person bringing suit under the federal FCA. The non-dischargeability proposals were met with strenuous objections from bankruptcy scholars.

The article discusses how some jurisdictions have enacted improved civil damages and civil penalty provisions to handle consumer fraud committed against the elderly. The damages are not limited to the narrow category of claims that constitute elder abuse. There are around 12 percent of the population age 65 and over consists around 30 percent of all consumer-fraud victims. An elderly plaintiff in California may seek to increase his or her punitive damages on any cause of action for unfair practices based on his or her status as a protected class member.

The article discusses the victimization of U.S. immigrants by fraudulent legal services. Topics include the lack of immunity to deportation for immigrants reporting fraud, the low reporting rate for consumer fraud related to immigration legal services, and the role of legal aid in allowing immigrants to file consumer complaints about fraud.

The article discusses the risks of legal fraud, especially from nonlawyers known as notarios, in light of U.S. immigration law enforcement. Topics include the cancellation of the U.S. Deferred Action for Childhood Arrivals (DACA) program, interest in immigration legal services after the 2016 U.S. presidential election, and the need for immigration attorneys.

The article discusses the absence of preemption in food and beverage false advertising claims under the Lanham Act in 1946. Topics covered include the implications of the law for misleading advertisements and labeling in the U.S. Also covered is the U.S. Supreme Court case POM Wonderful LLC v. Coca-Cola Co. that focuses on alleged deceptive marketing moves of the defendant.

The article discusses a court case, AT&T Mobility LLC v. Conception, wherein a group of consumers filed a case against AT&T Mobility saying that there is no free phones given on their services of Cingular Wireless because sales tax is charged on them. The case is reviewed by the U.S. Supreme Court which states that businesses have to expand the use of mandatory consumer arbitration agreements for consumer protection.

The article analyzes the court case Chen v. Allstate Insurance Co. which centers on allegations that Allstate Insurance Co. directed unsolicited automated telephone calls to consumers in violation of the Telephone Consumer Protection Act. It notes on the Rule 68 offer of judgment issued by Allstate to the named plaintiffs. It cites the decision of the U.S. Court of Appeals Ninth Circuit to dismiss the motion of Allstate based on two grounds.

Reports on the New Jersey court ruling which held that lawyers can be liable under the state's consumer fraud statute. Details of the case; Distinction of fraud claims from professional malpractice; Burden of proof required in consumer fraud cases.

The article focuses on a Spanish-language public service campaign called "Protejase! Luche Contra el Fraud" (Protect Yourself! Fight Against Fraud), launched by the Dallas Association of Young Lawyers in 2009. Supported by Texas Bar Foundation grant, it is noted that the campaign's aim is to educate Spanish-speaking community about consumer fraud. It is stated that the project received credibility after securing Texas State Representative Rafael Anchia and Cristina Sarlegui as spokespersons.