Consumer Law

The Federal Trade Commission (FTC) is following through on its promise to crack down on violations of consumers’ right to repair the products they buy. Back in July 2021, the FTC announced that it would ramp up enforcement against companies who unfairly prevented customers from fixing products themselves or choosing their own repair shops. In July 2022, it announced actions accusing Harley-Davidson and MWE Investments, LLC (a manufacturer of Westinghouse outdoor power equipment) of doing just that. Both
Continue Reading FTC Gets Serious About Consumers’ Right to Repair Their Products

Now that the COVID-19 pandemic has subsided to some extent, banks and lenders are beginning to resume collections.  Further, as interest rates and inflation continue to rise, it is likely that the number of past due accounts will also rise.  One of the issues with collections are the slough of regulations that come with collections from consumers.  Consumer collections must be compliant with the Federal Fair Debt Collection Practices Act (the FDCPA), and in Wisconsin, the more stringent Wisconsin
Continue Reading Consumer Collections in Wisconsin

As we approach the holiday season, many marketing directors start to think about sending holiday items to clients such as a basket of cheese, a tin of popcorn, or a bottle of wine. In the insurance industry, this type of marketing activity is regulated as unfair inducements.

Unfair inducements, sometimes referred to as “rebating,” are a subset of unfair marketing practices. Under section 628.34(4) of the Wisconsin Statutes, no insurance company, employee, or intermediary may influence another person to
Continue Reading How the Grinch Stole Your Holiday Gifts!

The FTC has a new rule to crack down on false “Made in the USA” claims. The “Made in USA Labeling Rule” – which became effective on August 13, 2021 – gives the FTC the authority to seek substantial monetary penalties from manufacturers who falsely label products as made in the USA.
The Rule Allows the FTC to Crack Down on Made in USA Fraud
With its new Made in USA Labeling Rule, the FTC aims to crack down
Continue Reading The FTC is Cracking Down on False “Made in the USA” Claims

On July 21, 2021, the Federal Trade Commission (FTC) voted unanimously to increase enforcement against practices that limit consumer repair choices. This vote signaled the FTC’s commitment to the Right to Repair. The Right to Repair represents the concept that consumers should be able to fix their products themselves or through independent service providers of their choice rather than being required to go back to the manufacturer or its selected provider for all repairs. This has become a hot
Continue Reading The Rise of the Right to Repair: Preparing for New Laws and More Enforcement

The Wisconsin Home Improvement Practices Act, Wis. Admin. Code § ATCP 110, (“HIPA”) is a consumer protection regulation imposing contract and business practice requirements on contractors performing home improvement projects[1].  It also provides that attorneys may recover double damages and attorney’s fees if successful in pursuing a claim against a contractor who fails to comply with the Act[2].  Although the legislature intended HIPA to shield consumers from unscrupulous contractors, attorneys may turn it into a
Continue Reading Wisconsin Home Improvement Practices Act Claims Rejected