In this episode of his "Clearly Conspicuous" podcast series, "The CFPB Highlights Alleged Deceptive Debt Collection Practices," consumer protection attorney Anthony DiResta examines the Consumer Financial Protection Bureau's (CFPB) Summer 2024 Supervisory Highlights. The publication focuses on several areas of concern in consumer financial services, including auto and student loan servicing, debt collection practices, medical payment products and account freezes. In auto loan servicing, the CFPB identifies issues with inadequate notifications for final manual payments in auto-pay systems, while student loan servicers were found to have excessive barriers to assistance and inaccurate information about forbearance programs. Debt collectors were cited for disclosure violations, harassment and inconvenient communications. The report also notes concerns about medical credit cards and account freezes. Mr. DiResta explains that the CFPB's observations align with previously identified issues, particularly with regard to customer service levels and medical debt financing products.

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) efforts to remove medical debt from credit reports. The CFPB believes the move will enhance consumer privacy, improve credit scores and end coercive debt collection practices. Mr. DiResta explores the potential benefits for both consumers and lenders, including potentially increasing the number of safe mortgage approvals.

In this episode of his "Clearly Conspicuous" podcast series, "Supreme Court Upholds CFPB Funding Structure," consumer protection attorney Anthony DiResta discusses a U.S. Supreme Court decision affirming the Consumer Financial Protection Bureau's (CFPB) funding mechanism by a 7-2 vote. This episode unpacks the historical and legal significance of the court's decision that overturned a lower court's ruling finding the funding model was unconstitutional. Mr. DiResta examines the majority opinion, penned by Justice Clarence Thomas, which leans on both the text of the Constitution and historical practices. He also explores Justice Samuel Alito's dissenting view, which argues the decision grants the CFPB unchecked financial autonomy.

In this episode of his "Clearly Conspicuous" podcast series, "FTC and CFPB Focus on Medical, Rental Debt Collection Practices," consumer protection attorney Anthony DiResta examines the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau's (CFPB) recent efforts to protect consumers in the debt collection industry. Mr. DiResta discusses the agencies' annual reports, highlighting aggressive practices from medical and rental debt collection companies, including attempts to collect already-paid bills and improperly inflated rental debts. He also outlines the CFPB's enforcement actions, emphasizing the bureau's focus on ensuring debt collectors follow consumer protection laws and touching on issues such as unsubstantiated debt collection and illegal threats.

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In this episode of his "Clearly Conspicuous" podcast series, "FTC Challenges H&R Block's Marketing and Data Practices," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) actions against H&R Block for alleged deceptive practices, including deleting consumer data, making downgrades difficult and deceiving consumers about free tax preparation services. The administrative complaint filed by the FTC details H&R Block's purported strategies to compel consumers to buy pricier products, challenges encountered during product downgrades and deceptive offers featured in advertisements. Mr. DiResta highlights the FTC's strict stance on consumer protection and its heightened oversight of advertising practices, underscoring the importance of effective strategies for navigating these regulatory changes successfully.

In this episode of his "Clearly Conspicuous" podcast series, "CFPB Warns of Manipulation and Dark Patterns in Digital Comparison Shopping Tools," consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) circular warning about comparison shopping operators potentially violating federal law. The CFPB's guidance explains how certain practices can deceive consumers who rely on these tools for unbiased information about financial products, particularly in the credit card and mortgage markets. He also notes that the CFPB's circular is part of broader efforts to level the playing field for consumers across various financial product and service industries.

In this episode of his "Clearly Conspicuous" podcast series, "Credit Card Late Fees Have the CFPB's Interest," consumer protection attorney Anthony DiResta examines the Consumer Financial Protection Bureau's (CFPB) propose rule that would significantly reduce the cost of late fees for credit cards and potentially save consumers hundreds of dollars each year. Mr. DiResta explores the CFPB's goal to address junk fees and market dominance by a few players, aiming to provide consumers with more meaningful choices in the credit card industry.

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC and Connecticut Join Forces for Action Against Nissan Dealer," consumer protection attorney Anthony DiResta discusses a recent action taken by the Federal Trade Commission (FTC) and the state of Connecticut against Manchester City Nissan (MCN) for allegedly deceiving consumers and charging unauthorized fees. He examines the complaint's specific allegations, including tacking on certification charges for pre-certified vehicles, charging for bogus add-ons without consent and misrepresenting government-imposed taxes and fees. Mr. DiResta also emphasizes the importance of transparent pricing practices and warns that junk fees are currently a key focus of the FTC and the Biden Administration.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade Commission (FTC) aimed at banning fake reviews, suppressing of negative reviews and buying positive reviews. The proposed rule seeks to prevent marketers from engaging in deceptive practices that mislead consumers and disadvantage honest businesses. Mr. DiResta analyses specific prohibitions, including the creation or procurement of fake reviews, review hijacking, compensating for positive reviews and undisclosed insider reviews. Additionally, the rule addresses illegal review suppression and the sale of false social media influence indicators.

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB and State AGs Act Jointly Against Online Educational Company," consumer protection attorney Anthony DiResta discusses a joint enforcement action taken by the Consumer Financial Protection Bureau (CFPB) and 11 state attorneys general against Prehired. Prehired was an online training programs for software sales positions. The CFPB accused the company of making false promises to borrowers, trapping students with illegal income share loans and engaging in abusive debt collection practices. The court-approved order requires Prehired to cease operations and void all outstanding loans, providing more than $30 in relief for student borrowers. Mr. DiResta explains how these actions highlight the significant consequences of joint federal and state enforcement actions in consumer protection.