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    Supreme Court Rejects Challenge to Consumer Watchdog’s Funding

    A decision against the agency, the Consumer Financial Protection Bureau, could have cast doubt on all of its regulations and enforcement actions.The Supreme Court rejected a challenge on Thursday to the way the Consumer Financial Protection Bureau is funded, one that could have hobbled the bureau and advanced a central goal of the conservative legal movement: limiting the power of independent agencies.The vote was 7 to 2, with Justice Clarence Thomas writing the majority opinion.Had the bureau lost, the court’s ruling might have cast doubt on every regulation and enforcement action it had taken in its 13 years of existence, including ones concerning mortgages, credit cards, consumer loans and banking.The central question in the case was whether the way Congress chose to fund the bureau had violated the appropriations clause of the Constitution, which says that “no money shall be drawn from the Treasury, but in consequence of appropriations made by law.”Justice Thomas said the mechanism was constitutional.“Under the appropriations clause,” he wrote, “an appropriation is simply a law that authorizes expenditures from a specified source of public money for designated purposes. The statute that provides the bureau’s funding meets these requirements. We therefore conclude that the bureau’s funding mechanism does not violate the appropriations clause.”Justice Samuel A. Alito Jr., joined by Justice Neil M. Gorsuch, dissented.The bureau, created after the financial crisis as part of the 2010 Dodd-Frank Act, is funded by the Federal Reserve System, in an amount determined by the bureau so long as the sum does not exceed 12 percent of the system’s operating expenses. In the 2022 fiscal year, the agency requested and received $641.5 million of the $734 million available.A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, ruled in 2022 that the bureau’s funding method ran afoul of the appropriations clause.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Transportation Dept. and State Attorneys General Will Look Into Airline Complaints

    Transportation Secretary Pete Buttigieg announced a new partnership with more than a dozen state attorneys general that aims to improve protections for air travelers.Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with more than a dozen state attorneys general to investigate consumer complaints against airlines.The partnership sets up a process for state attorney general’s offices to review complaints from travelers and then pass the baton to the federal Transportation Department, which could take enforcement action against airlines.“The support that’s being offered by state attorney general’s offices means that our capacity to protect airline passengers is expanding,” Mr. Buttigieg said at Denver International Airport, where he appeared with Colorado’s attorney general, Phil Weiser, a Democrat who is among those joining the partnership.The federal-state initiative is Mr. Buttigieg’s latest step aimed at improving protections for air travelers and ensuring that airlines are held accountable when they err. The Transportation Department has issued more than $164 million in penalties against airlines during his tenure, according to the agency. Mr. Buttigieg has also pressed airlines to seat children with their parents for free and to improve the services they offer to travelers who experience lengthy delays or cancellations.The Transportation Department said attorneys general from 15 states — California, Colorado, Connecticut, Illinois, Maine, Maryland, Michigan, Nevada, New Hampshire, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island and Wisconsin — had signed agreements to be part of the partnership.The attorneys general from the District of Columbia, the Northern Mariana Islands and the U.S. Virgin Islands also have joined, the department said, bringing the total number involved to 18. Of those, 16 are Democrats and two are Republicans.Under federal law, states are generally barred from enforcing their own consumer protection laws against airlines. State attorneys general have pushed for federal legislation that would empower them to take action against airlines, just as they can against companies in other industries.The new partnership does not grant them that power. Instead, their offices would investigate complaints from travelers, and if they determine that federal consumer protection rules may have been violated, they could refer the matter to the Transportation Department under a fast-track process. The federal agency would then review the complaint and could take enforcement action.“The ideal world would be one where states are given formal authority to enforce consumer protection law alongside the Department of Transportation,” Mr. Weiser said. “Congress has failed to act on that thus far, but we are not waiting for action.”In a statement, Airlines for America, a trade group representing the country’s largest air carriers, said it regularly worked with the Transportation Department and state attorneys general to improve the flying experience for travelers.“We appreciate the role of state attorneys general and their work on behalf of consumers,” the group said, adding that it looked forward to continuing to work with them. More

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    Large Grocers Took Advantage of Pandemic Supply Chain Disruptions, F.T.C. Finds

    A report found that large firms pressured suppliers to favor them over competitors. It also concluded that some retailers “seem to have used rising costs as an opportunity to further hike prices.”Large grocery retailers took advantage of supply chain disruptions to beat out smaller rivals and protect their profits during the pandemic, according to a report released by the Federal Trade Commission on Thursday.The report found that some large firms “accelerated and distorted” the effects of supply chain snarls, including by pressuring suppliers to favor them over competitors. Food and beverage retailers also posted strong profits during the height of the pandemic and continue to do so today, casting doubt on assertions that higher grocery prices are simply moving in lock step with retailers’ own rising costs, the authors argued.“Some firms seem to have used rising costs as an opportunity to further hike prices to increase their profits, and profits remain elevated even as supply chain pressures have eased,” the report read.The report’s release comes as the F.T.C. cracks down on large grocery retailers. Last month, the commission and several state attorneys general sued to block Kroger from completing its $25 billion acquisition of the grocery chain Albertsons. They argued that the deal would weaken competition and likely lead to consumers paying higher costs.The independent federal agency’s actions have helped bolster the Biden administration’s efforts to address rising prices. In recent weeks, President Biden has taken a tougher stance on grocery chains, accusing them of overcharging shoppers and earning excess profits. Although food prices are now increasing at a slower rate, they surged rapidly in 2022 and have not fallen overall. As a result, the high cost of food has continued to strain many consumers and posed a political problem for the administration.Mr. Biden has also tried to tackle the issue by fixating on food companies, denouncing them for reducing the package sizes and portions of some products without lowering prices, a practice commonly called “shrinkflation.” During his State of the Union address earlier this month, Mr. Biden again called on snack companies to put a stop to the practice.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    F.T.C. Warns Dozens of Funeral Homes to Provide Accurate Costs to Callers

    The agency said an “undercover phone sweep” of more than 250 homes found that 38 failed to provide prices or supplied inconsistent prices in separate calls.The Federal Trade Commission said its first “undercover phone sweep” of funeral homes across the country had found that dozens didn’t accurately disclose costs for services to callers.Of the more than 250 funeral businesses F.T.C. employees called, 38 either didn’t answer questions about prices or supplied inconsistent prices for identical services, the commission said. Many homes, it said, provided “materially different” prices for the same services during two separate phone calls.Another home promised to send an itemized price list, the agency said, but instead sent a list of package prices, which don’t meet disclosure requirements.The 39 funeral homes received warning letters in January that they had failed to comply with a law known as the Funeral Rule. The F.T.C. enforces the rule, which outlines protections for consumers shopping for funeral services.“It’s very important that consumers are able to comparison shop,” said Melissa Dickey, an F.T.C. lawyer and a co-coordinator of the Funeral Rule. “Not everyone can go in person to pick up a price list.”Of the funeral home that sent a list of package options, Ms. Dickey said: “You don’t have to buy a package.” The funeral home must let you buy only the services you want.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Judge Says States Can Investigate WinRed’s Fund-Raising Tactics

    The Republican digital donation platform is facing inquiries from four state attorneys general into its use of prechecked boxes to withdraw donations automatically.A federal judge in Minnesota on Wednesday dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fund-raising tactics that have triggered complaints of fraud.The attorneys general from four states — New York, Minnesota, Maryland and Connecticut — first sent letters to WinRed last April, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. The boxes resulted in a surge in demands for refunds from supporters of former President Donald J. Trump.WinRed declined to provide the documents and instead went to federal court to argue that federal law should pre-empt any state-level consumer investigations. Chief Judge John R. Tunheim of the U.S. District Court in Minnesota ruled against the company on Wednesday.Judge Tunheim dismissed WinRed’s attempt to stop the attorneys general investigating outside Minnesota, ruling that he did not have jurisdiction. He ruled in favor of the Minnesota attorney general, Keith Ellison, writing that federal law would not pre-empt a state inquiry.“The court has confirmed an important principle that has nothing to do with politics: State attorneys general can use the laws and investigatory tools of their states to protect the consumers of their states from harm, deception, and abuse,” Mr. Ellison said.Judge Tunheim also denied a request to block a subpoena from the attorneys general, which was issued last July 16, shortly after WinRed went to federal court, according to the ruling issued on Wednesday.“WinRed will appeal,” the company said in an emailed statement.WinRed has argued that the attorneys general, all Democrats, are politically motivated. However, the four also sent a similar request for documents last year to ActBlue, the leading Democratic donation-processing platform. ActBlue said on Wednesday that it had also received a subpoena and that it had shared the requested information.After the ruling Wednesday, Attorney General Brian Frosh of Maryland urged WinRed to cooperate with the inquiry.“Now that its case has been dismissed, it is our hope that WinRed moves from a strategy of attack, attack, attack and cooperates in the investigation of allegations that it deceived consumers around the nation,” he said in a statement.New York’s attorney general, Letitia James, said, “It’s their responsibility to be honest and transparent with their services, and it’s the responsibility of the states to fight back against deceptive behavior in all its forms.”In the fall of 2020, the Trump campaign used prechecked boxes to get a donor’s permission to withdraw extra donations every week — then obscured that fact below extra text unrelated to the additional withdrawals. In the following weeks and months, demands for refunds increased sharply as supporters said they were duped into unwitting contributions.All told, the Trump operation, working with the Republican Party, refunded more than 10 percent of every dollar raised through WinRed in the 2020 campaign — a rate more than four times that of the Democrat Joseph R. Biden Jr.’s operation.The bipartisan Federal Election Commission voted unanimously last year to recommend that Congress outlaw the practice of prechecked recurring donation boxes. Legislation has since been introduced in both the House and the Senate.Kitty Bennett contributed research. More