McGlinchey in the News
Subjective Aspects of FTC’s ‘Junk Fee’ Rule Likely to Cause Legal Departments FitsRead Time: 1 min
Member James Sandy was quoted in Law.com’s Corporate Counsel in a piece detailing the complications that may arise following the Federal Trade Commission’s new proposed ban on junk fees.
Indeed, “perhaps one of the strongest defenses to an attack on alleged ‘junk fees’ is to make clear the fees were disclosed clearly and conspicuously to the consumer at the outset of the relationship,” James Sandy, a member of McGlinchey Stafford, said in a memo to clients.
If those actions trigger mandatory fees orcosts, “consider whether such a business model could constitute an unlawful ‘junkfee’ and, potentially, grounds for an Unfair, Deceptive or Abusive Acts or Practicesaction,” Sandy wrote.
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