Consumer Protection

In March of this year, the three major nationwide credit reporting agencies (Equifax, Experian, and TransUnion) announced there would be substantial changes to medical collection debt reporting coming this summer in an effort to help consumers faced with unexpected medical bills.  The changes will remove nearly 70% of medical collection debt tradelines from consumer credit reports.
The decision was based on months of industry research which showed that around two-thirds of medical debts are the result of one-time or
Continue Reading Significant Changes to Medical Collection Debt Reporting: How Might it Affect Business?

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

I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA).  In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin.  The opinion states that a notification system that neither stores nor produces numbers “using a random or sequential number generator” is not an autodialer.  “In sum, Congress’ definition of an autodialer requires that in all cases,
Continue Reading Narrow Auto-Dialing Definition Broadens Text