Overhead view of game controller with purple lit keyboard amidst various wireless devices and drink can on black desk

Pause Play? CFPB Gaming-Related Rules on Hold

Pause Play? CFPB Gaming-Related Rules on Hold

February 12, 2025

Pause Play? CFPB Gaming-Related Rules on Hold

By: Michelle Cohen

Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of 2007-08.  The agency oversees federal financial consumer protection laws and has jurisdiction over a wide range of entities, including mortgage lenders and brokers, student loan issuers, and other financial institutions. In 2024, the CFPB began to focus on an unlikely target – video game companies. The agency started monitoring developments in the video game industry…

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Death of the CFPB and Impact on Consumer Arbitration

February 11, 2025

Death of the CFPB and Impact on Consumer Arbitration

By: George Calhoun

The Consumer Financial Protection Bureau (“CFPB”) has spent years trying to limit provisions that may be placed into consumer contracts, particularly with regard to class-action waivers, arbitration, and damages limitations. In 2015, the CFPB conducted a study of consumer arbitration clauses.  Notably, the CFPB’s study found that few class action cases proceed to trial, but in those that do, trial lawyers make $1 million per…

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Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder

January 15, 2025

Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder

By: Jordan Briggs

Drawn in by the appeal of steady revenue, nearly three-quarters of direct-to-consumer companies now include a subscription model.[1] Everything has a subscription these days: video games, groceries, dating apps—you can even subscribe to a service to cancel your other subscriptions.[2] These subscriptions were not deterred from joining their most prominent predecessor (the gym membership) as an age-old punchline about how hard they are to cancel….

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Assert Your FTC Defense Before It’s Too Late

February 1, 2018

Assert Your FTC Defense Before It’s Too Late

By: Ifrah Law

The Federal Trade Commission (“FTC”) is granted extraordinary authority to conduct investigations without giving notice to the companies in its sightlines, and the agency can enact sudden and unforeseen enforcement actions like asset freezes and TROs which take its targets completely by surprise. Often a company’s first clue it is under investigation is when it is served a subpoena and its business operations are shut…

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2018: The End of Cryptocurrencies?

January 22, 2018

2018: The End of Cryptocurrencies?

By: Steven Eichorn

Cryptocurrencies (e.g. Bitcoin) took the broader public by storm in 2017 and had a breakout year. There were outsized and even unprecedented returns, along with extreme volatility and even more extreme volatility.  The question for 2018 is whether cryptocurrencies had their “fifteen minutes of fame” or they are here to stay? Blockchain technology (which is widely understood to have huge upside benefits) is distinct from…

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Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder

January 18, 2018

Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder

By: Michelle Cohen

No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter.  David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently found a single text from West Park reminding him about flu shots to be alarming in its own right (and an opportunity to sue). Latner…

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The Data Breach Legal Limbo on Consumers’ Ability to Sue Hacked Companies

January 16, 2018

The Data Breach Legal Limbo on Consumers’ Ability to Sue Hacked Companies

By: Nicole Kardell

The first of the year is a good time to make assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data security measures and resolve to meet industry standards where you fall behind, because we predict continued pressure on companies to reduce the risk of data breaches…

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Will Big Cyber Hacks Cause the SEC to Issue New Guidelines?

January 11, 2018

Will Big Cyber Hacks Cause the SEC to Issue New Guidelines?

By: Ifrah Law

Following a change of heart from a top Securities and Exchange Commission regulator, public companies will likely soon face new guidelines for how they report cybersecurity breaches to investors. SEC Corporate Finance Division Director Bill Hinman was quoted as saying that when Chairman Jay Clayton first asked him if the existing SEC guidance needed to be refreshed, he did not think so. Hinman changed his…

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Articles and Presentations by Our Firm Attorneys

Pause Play? CFPB Gaming-Related Rules on Hold

Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen

Death of the CFPB and Impact on Consumer Arbitration

Death of the CFPB and Impact on Consumer Arbitration
By: George Calhoun

Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder

Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder
By: Jordan Briggs

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