On October 16, the Federal Trade Commission (“FTC”) announced a final “click-to-cancel” rule that amends the previous Negative Option Rule to “make it as easy for consumers to cancel their enrollment as it was to sign up.” The Rule also imposes extensive requirements regarding misrepresentations, disclosures, and consent, among others. Most of the provisions will go into effect 180 days after publication in the Federal Register. As of today, the final rule has not yet been published. This final rule is the culmination of a five-year proceeding including the FTC’s issuance of a notice of proposed rulemaking (“NPRM”) in March 2023 and an advanced notice of proposed rulemaking in October 2019. We previously analyzed the proposed rule presented in the NPRM.Continue Reading FTC Issues Final “Click-to-Cancel” Rule
Jehan Patterson
Drawing from experience as a senior litigation counsel in the Office of Enforcement at the Consumer Financial Protection Bureau (CFPB) and in private practice, Jehan Patterson advises and represents clients on consumer protection matters, including issues relating to advertising, data privacy and security, and financial services. She has represented banks, non-banks, and individuals in supervisory, enforcement, and rulemaking matters before the CFPB, the Federal Trade Commission (FTC), the Office of the Comptroller of the Currency (OCC), and the Federal Reserve Board of Governors (FRB).
While at the Bureau, Jehan investigated numerous providers of consumer financial products and services for violations of federal consumer financial laws and regulations, including the Consumer Financial Protection Act’s prohibition against unfair, deceptive, and abusive acts and practices, resulting in entry of administrative consent orders and federal district court judgments. Some of her notable settlements imposed extensive injunctive relief requiring entities to make significant investments in their technology systems and compliance programs to avoid future violations of law. Jehan coordinated on parallel matters with the United States Department of Justice and on enforcement investigations with states Attorneys’ General offices and state banking regulators. Among other matters, she led an investigation of a non-bank that culminated in a settlement joined by the Attorneys General of approximately 42 states and the District of Columbia.
Jehan also litigated on behalf of the Bureau, including representing the Bureau in its first advisory jury trial, obtaining a temporary restraining order and preliminary injunction to shut down a network of student loan debt relief companies and freeze their assets, and defeating a defendant’s motion for attorney’s fees and costs.