All in Regulatory Update

On October 21, 2022, the FTC finalized a consent order against Opendoor Labs, Inc. designed to prevent the online real estate business from deceiving consumers about how much money they could save by selling their home to Opendoor, as opposed selling on the open market. The final order requires Opendoor to pay $62 million and to have competent and reliable evidence to support any representations made about the costs, savings, or financial benefits associated with using its service.

On October 20, 2022, the FTC published an Advance Notice of Proposed Rulemaking (ANPR) that seeks public comment on potential harms stemming from deceptive or unfair review and endorsement practices and whether a rule would help consumers and level the playing field for honest marketers. According to the FTC’s press release, the agency is exploring a potential rule to combat deceptive or unfair review and endorsement practices, such as using fake reviews, suppressing negative reviews, and paying for positive reviews.

On October 20, 2022, the FTC announced that it is exploring a rule to crack down on junk fees and the unfair or deceptive tactics companies use to impose them. Junk fees are unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value. According to the FTC, companies often harvest junk fees by imposing them on captive consumers or by deploying digital dark patterns and other tricks to hide or mask them.

On October 13, 2022, the CFPB published a report on terms and fees associated with banking products marketed in partnership with colleges to students. The CFPB questions the compliance of some marketing deals between colleges and financial institutions to the Department of Education rules. In relation to this, the Department of Education issued guidance to schools on the requirements for college-sponsored banking arrangements.

On September 29, 2022, the DOJ announced that it has secured an agreement to resolve allegations that Evolve Bank & Trust engaged in lending discrimination on the basis of race, sex and national origin in the pricing of its residential mortgage loans from at least 2014 through 2019. Under the department’s settlement, which is subject to the approval of the District Court, Evolve Bank will establish a settlement fund of $1.3 million to compensate affected borrowers and will also pay a $50,000 civil penalty.