FTC Staff Provides Annual Report to CFPB On 2023 Activities Regarding Financial Acts

The staff of the Federal Trade Commission has provided its annual report to the Consumer Financial Protection Bureau on its enforcement and related activities in 2023 on the Truth in Lending Act (TILA), Consumer Leasing Act (CLA), and Electronic Fund Transfer Act (EFTA).

The report highlights the FTC’s enforcement actions and initiatives under these laws and their implementing regulations, including in the areas of automobile financing and leasing, payday lending, other credit and leasing, and electronic fund transfers:

• Automobile Sales, Financing, and Leasing: The report highlights the Commission’s Combatting Auto Retail Scams (CARS) Rule, which is designed to put an end to bait-and-switch tactics and hidden fees used by unscrupulous car dealers. The rule also includes clear protections for military members. The new rule is expected to save consumers nationwide more than $3.4 billion and an estimated 72 million hours each year shopping for vehicles. The report notes that the rule was set to go into effect July 30, 2024 but the Commission issued an order postponing the rule’s effective date pending judicial review. The report also notes the Commission’s ongoing litigation against auto dealer marketing firm Traffic Jam Events, and refund payments sent to consumers in 2023 in the Napleton Auto case.
• Junk Fees: The report notes the Commission’s proposed rule regarding junk fees, which would prohibit hidden and bogus fees, ensure consumers know how much they are paying and what they are getting, and help spur companies to compete.
• Negative Options: The report notes the Commission’s proposed updates to the Negative Option rule that include a “click to cancel” provision requiring sellers to make it as easy for consumers to cancel their enrollment as it was to sign up. The report also notes additional refund payments sent to consumers in 2023 as a result of the Commission’s case against Triangle Media Corporation.

The report also highlights the agency’s Military Task Force, which comprises a cross-section of FTC representatives and focuses on various initiatives to assist military consumers, and other  FTC work involving military lending, including with the Department of Defense. The report further outlines the FTC’s consumer and business education efforts on truth in lending, consumer leasing, and electronic fund transfer issues.

The FTC also provided a copy of the report to the Federal Reserve Board.

The lead attorney on this matter for the FTC was Carole Reynolds in the Bureau of Consumer Protection.