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The credit bureaus say the CFPB exceeded its legal authority

By James R. Hood of ConsumerAffairs
January 8, 2025

A trade group representing consumer credit reporting companies and a Texas-based credit union association have filed a lawsuit to block the Consumer Financial Protection Bureau's (CFPB) new rule that removes most medical debt from credit reports.

The lawsuit, filed in the US District Court for the Eastern District of Texas, argues that the CFPB overstepped its authority by eliminating medical debt from credit reports and preventing creditors from considering medical debt in lending decisions. The plaintiffs claim that only Congress has the authority to decide what information can appear on credit reports.

The CFPB lacks the legal authority to prohibit creditors from considering medical debt, as long as information about the provider of medical services or the nature of services provide is not disclosed, Consumer Data Industry Association President and CEO Dan Smith said in a statement. Nor does the CFPB have the authority to dictate what can or cannot be includedon consumer credit reports. Smith is a former top CFPB official.

The rule will wipe out around $49 billion in medical bills from the credit reports of around 15 million Americans,the financial regulator said.

Additionally, the CFPB said the rule willboost the credit scores of Americans with medical debt by an average of 20 points and spur around 22,000 more mortgages a year.

The CFPB said that medical bills on credit reports contribute to thousands of denied mortgageapplications a year, but poorly predict if someone will repay a loan.

People who get sick shouldnt have their financial future upended, CFPB Director Rohit Chopra said.

Around 20 million Americans owedmedical debt in 2021, representing 1 in 12 people, according to thePeterson-KFF Health System Tracker.

Makes it hard to assess creditworthiness

The lawsuit argues that removing medical debt from credit reports could make it harder for lenders, employers, and landlords to assess borrowers' creditworthiness. The trade groups believe that knowing whether a consumer has medical debt is an important part of underwriting and that the rule could erode the accuracy of credit reports.

The CFPB's action is part of a broader effort to address the negative impact of medical debt on consumers, with research showing that millions of Americans have medical debt on their credit reports.

However, the plaintiffs argue that the CFPB's rule is based on outdated data and contradicts previous legislation that allowed medical debt to be included on credit reports, as long as it was coded to protect patient privacy. The lawsuit also challenges provisions that extend the ban on medical debt reporting to include state laws, which the plaintiffs believe violates federal law.



Photo Credit: Consumer Affairs News Department Images


Posted: 2025-01-08 20:33:45

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Consumer News: Johnson & Johnson hit with record $15 billion verdict in talc case
Wed, 24 Dec 2025 14:07:06 +0000

The company vows to appeal, calling the verdict fundamentally flawed

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • A jury returned a record-setting $15 billion verdict against Johnson & Johnson over claims tied to its talc-based baby powder.

  • Plaintiffs argued the company failed to adequately warn consumers about cancer risks allegedly linked to long-term use of the product.

  • Johnson & Johnson said it plans to appeal the decision, calling the verdict unsupported by science and evidence.


In one of the largest product-liability verdicts in U.S. history, a jury has ordered Johnson & Johnson to pay $15 billion in damages to plaintiffs who alleged that the companys talc-based baby powder caused cancer after years of regular use.

The verdict, delivered after a lengthy trial, marks a dramatic escalation in the long-running legal battle over talc products and their alleged links to ovarian cancer and other illnesses. Attorneys for the plaintiffs said the award reflects years of corporate misconduct and a failure to protect consumers from known risks.

Jurors heard testimony from medical experts and internal company documents that plaintiffs said showed Johnson & Johnson was aware of potential dangers associated with talc but continued to market the products as safe.

Johnson & Johnson has consistently denied those claims. In a statement released after the verdict, the company said the decision was fundamentally flawed and vowed to challenge it in court.

Decades of independent scientific studies confirm that talc does not cause cancer, the company said. This verdict contradicts the overwhelming weight of scientific evidence and will not stand on appeal.

Broad wave of litigation

The case is part of a broader wave of litigation that has dogged the healthcare conglomerate for years. Tens of thousands of lawsuits nationwide have alleged harm from talc products, prompting Johnson & Johnson to stop selling its talc-based baby powder in the U.S. and Canada in 2020, and later globally.

Legal experts say the size of the verdict could have far-reaching implications, both for Johnson & Johnsons litigation strategy and for other companies facing mass tort claims.

Investors reacted cautiously, with Johnson & Johnson shares slipping in early trading as markets digested the news. Analysts noted that while the company has previously succeeded in reducing or overturning large talc verdicts on appeal, the sheer scale of the award raises new questions about potential financial exposure.


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Consumer News: Winter weather can pose serious home safety risks
Wed, 24 Dec 2025 14:07:06 +0000

Power failures often lead to risky behavior

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Federal safety officials are warning that winter power outages sharply increase the risk of deadly carbon monoxide poisoning and house fires.

  • Portable generators, heaters, candles, and charcoal grills can become lethal if used incorrectly indoors.

  • The Consumer Product Safety Commission says simple precautions can save lives during storms and freezing weather.



As winter storms and bitter cold threaten millions of Americans, the U.S. Consumer Product Safety Commission is urging consumers to take extra precautions to prevent carbon monoxide (CO) poisoning, fires, and other home hazards that often spike during power outages.

One of the biggest dangers comes from gasoline-powered portable generators, which many households rely on when electricity is knocked out. According to the CPSC, carbon monoxide poisoning linked to portable generators kills an average of about 100 people in the U.S. each year.

CO is especially dangerous because it is colorless and odorless, meaning victims may lose consciousness before realizing anything is wrong.

CPSC officials stress that generators should never be operated inside homes, garages, basements, crawlspaces, sheds, or other enclosed areaseven if doors or windows are open.

Ventilation is inadequate

Ventilation from open windows is not enough to prevent deadly CO buildup. Generators should only be used outdoors, at least 20 feet away from the home, and never on porches or in carports. Exhaust should be directed away from buildings, and nearby windows and vents should be closed or sealed.

Consumers are also advised to follow manufacturers instructions carefully, especially during rain or snow, maintain generators regularly, and consider models equipped with automatic carbon monoxide shut-off features.

Working smoke alarms and carbon monoxide alarms are another critical line of defense. The CPSC recommends installing alarms on every level of the home and outside sleeping areas, with smoke alarms inside each bedroom. Alarms with battery backup are especially important during outages, and interconnected CO alarms provide added protection by sounding throughout the house when danger is detected. Alarms should be tested monthly, and batteries replaced as needed. If an alarm sounds, residents should get outside immediately and call 911.

Winter weather can also block exterior vents for furnaces and other fuel-burning appliances.Officials advise keeping snow and ice cleared away from these vents to prevent carbon monoxide from backing up into the home.

Fire risks

Portable heaters pose additional fire and safety risks if used improperly. The CPSC warns that heaters should be kept at least three feet away from anything flammable, including beds, curtains, furniture, and clothing. Heaters should sit on stable, level surfaces and should never be left running unattended in confined spaces. Electric heaters should always be plugged directly into wall outlets, not power strips, and cords should never be run under rugs or carpets. Extra caution is urged in homes with children or pets.

Other common winter hazards include charcoal and candles. Charcoal grills should never be used indoors or in garages, even with doors open, because burning charcoal produces lethal carbon monoxide.

Candles should be used sparingly, kept away from flammable materials, and never left unattended. Safety officials recommend flashlights or battery-operated candles as safer alternatives during outages.

Finally, the CPSC reminds consumers to take gas leaks seriously. Anyone who smells or hears leaking gas should leave the home immediately and contact local gas authorities from outside. Electronics, including lights and phones, should not be used before evacuating, as they could trigger an explosion.

With severe weather already affecting large parts of the country, safety officials say preparation and caution can mean the difference between a manageable inconvenience and a life-threatening emergency.


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Consumer News: FTC warns 10 companies about posting fake reviews
Wed, 24 Dec 2025 14:07:06 +0000

The agency said it is closely monitoring review-related practices

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Federal Trade Commission staff sent letters to 10 companies, warning them of potential violations of the agencys Consumer Review Rule, which governs how product reviews and testimonials can be used in advertising and marketing.

  • The warnings come amid heightened concern about deceptive online reviews, especially during the holiday shopping season when consumers heavily rely on ratings and testimonials.

  • The FTC emphasized that violations of the Rule can lead to significant penalties, including federal lawsuits and civil fines of up to $53,088 per violation.


The Federal Trade Commission has issued warning letters to 10 companies, cautioning them that certain practices involving online consumer reviews may violate the agencys Consumer Review Rule. The letters, sent by FTC staff, highlight the agencys ongoing scrutiny of how businesses collect, present, and promote customer feedback.

Fake or false consumer reviews are detrimental to consumers ability to make accurate and informed choices about the products they are buying something of particular importance during the holiday season, said Christopher Mufarrige, Director of the FTCs Bureau of Consumer Protection.

He added that as shoppers increasingly depend on online reviews, the agency remains committed to ensuring companies comply with the Rule.

Designed to prevent deceptive practices

The Consumer Review Rule is designed to prevent deceptive and unfair practices related to reviews and testimonials. It prohibits misrepresenting whether a reviewer actually used a product or service, as well as distorting whether the reviewers experience was positive or negative.

The Rule also bans companies from offering compensation or incentives that are conditioned on reviewers expressing a particular viewpoint, whether favorable or unfavorable.

In addition, businesses must disclose when reviews are written by company insiders or their immediate family members. Other provisions address practices such as suppressing certain reviews, manipulating company-controlled review platforms, and misusing indicators of social media influence, including follower counts or view totals, in a misleading way.

Companies put on notice

The FTC stressed that the warning letters do not constitute formal findings that the companies violated the Rule. Instead, they are intended to put recipients on notice of their legal obligations and the potential consequences of noncompliance. According to the agency, violations of the Consumer Review Rule can result in enforcement actions, including federal lawsuits and civil penalties of up to $53,088 for each violation.

By sending these letters, the FTC signaled that it is closely monitoring review-related practices and expects companies to take proactive steps to ensure their marketing accurately reflects genuine consumer experiences.


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Consumer News: Consumer confidence continued to erode in December
Wed, 24 Dec 2025 14:07:06 +0000

Inflation, trade and politics contribute to concerns

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Consumer confidence slid again in December, with The Conference Boards Consumer Confidence Index falling 3.8 points to 89.1, reflecting renewed unease despite an upward revision to Novembers reading after the federal government shutdown ended.

  • Views of current conditions deteriorated sharply, as the Present Situation Index plunged 9.5 points to 116.8, marking the first negative net assessment of business conditions since late 2024.

  • Recession worries persist, with the Expectations Index holding at 70.7below the key recession-warning threshold of 80 for the 11th straight montheven as some outlooks for inflation, stocks, and family finances showed tentative improvement.


U.S. consumers ended the year feeling less confident about the economy, according to the latest Consumer Confidence Survey from The Conference Board. The headline Consumer Confidence Index dropped to 89.1 in December from a revised 92.9 in November, remaining well below its peak earlier in the year.

The decline came even after Novembers index was revised higher, reflecting more optimistic responses collected after the federal government shutdown ended in mid-November. Still, Decembers pullback underscored lingering anxiety, particularly about present-day economic conditions.

The Present Situation Index, which gauges consumers views of current business and labor market conditions, suffered the steepest setback. It fell 9.5 points to 116.8, as assessments of business conditions turned negative on net for the first time since September 2024a period marked by labor market turmoil and severe weather events.

Doubts about the job market

Labor market perceptions also weakened. Fewer consumers described jobs as plentiful, while a slightly higher share said jobs were hard to get, continuing a trend of softening confidence in employment conditions.

Expectations about the future were mixed. The Expectations Index, which measures consumers outlook for income, business, and labor market conditions over the next six months, held steady at 70.7. That level remains below 80, a threshold that historically signals recession risk ahead.

Two of the three expectations components dipped in December, with gloomier views on the labor market and household income prospects offsetting a partial rebound in expectations for future business conditions.

Despite an upward revision in November related to the end of the shutdown, consumer confidence fell again in December and remained well below this years January peak, said Dana Peterson, chief economist at The Conference Board. Four of five components of the overall index fell, while one was at a level signaling notable weakness.

Broad-based softness

Demographic data showed broad-based softness. On a six-month moving average, confidence declined across all age groups, though consumers under 35 remained more upbeat than older cohorts. Millennials and Gen Z continued to rank as the most optimistic generations, while the Silent Generation was the only group to show a modest improvement.

By income, confidence fell in nearly every bracket except households earning under $15,000 and those earning more than $125,000, though the lowest-income group remained the least optimistic overall. Confidence also slipped among Democrats, Republicans, and Independents alike.

Write-in responses revealed what was weighing on consumers minds. Prices and inflation, tariffs and trade, and politics continued to dominate concerns, but December saw rising mentions of immigration, global conflicts, and personal finance issues such as interest rates, taxes, banking, and insurance.

The overall tone remained pessimistic, though slightly less so than in November, possibly reflecting fewer negative comments about inflation and a rebound in positive sentiment around interest rates following the Federal Reserves third rate cut of 2025 on December 10.

Even so, more consumers on balance expected interest rates to rise, and fewer anticipated further declines. Inflation expectations eased in December after rising the month before, while optimism about stock prices over the next year reached its highest level since January 2025.

Household finances painted a conflicted picture. Consumers assessments of their familys current financial situation slipped into negative territory for the first time in nearly four years. At the same time, expectations for future family finances improved to their most positive level since January.


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Consumer News: After-Christmas sales playbook: what to buy and how to find the real deals
Wed, 24 Dec 2025 02:07:06 +0000

Holiday clearance has a schedule - your wallet should too

By Kyle James of ConsumerAffairs
December 23, 2025
  • Try to shop in waves: Dec. 2628 for best selection, early January for the deep clearance bargains

  • Chase clearance first: Holiday-only stuff drops in price the fastest; winter sale promos can be fake discounts

  • Dodge deal traps: Final-sale/no returns, inflated original prices online, and buying junk you wouldnt pay full price for


Heading out shopping the day after Christmas is akin to a neighborhood yard sale. Stores want their holiday inventory gone yesterday, shoppers want those huge deals, and the best markdowns sellout quickly. Plus, like any good yard sale, you better get there early.

The trick for consumers is knowing what items actually gets cheaper right after Christmas and timing your trip so youll find the best prices. Its also important to know how to avoid those looks-like-a-deal traps that grow sneakier every year.

But if you shop it right, after-Christmas sales can help you save on gifts you need to buy in 2026 and even save you some serious money on big-ticket items.

The two types of after-Christmas deals

Most deals fall into one of these two buckets:

1. Clearance markdowns.

Many stores need to get rid of holiday inventory desperately so youll see great clearance sales pop-up immediately on Dec. 26th.

Expect to find big savings on holiday dcor, lighting, wrapping supplies, gift sets, seasonal pajamas, and basically anything with a Christmas tree on it.

Stores famous for this: Home Depot, Kohl's, Lowe's, Target, and Walmart.

2. Promo sales (stores running a sale event).

Promo sales have the big alluring headlines like Big Winter Sale or End of Year Closeout. Theyre made to grab your attention, but in reality, theyre often a wolf in sheeps clothing.

Sure, sometimes its actually a genuinely great sale (especially for home goods, fitness gear, and appliances), but often its nothing more than a re-labeled discount that you couldve gotten two weeks earlier.

Stores famous for this:Best Buy, Dick's, Macy's, Nordstrom, and Wayfair.

The best strategy is to shop the clearance markdowns first as they always provide the most overall savings. Then hit the promo sales looking for deals with some healthy skepticism in your wallet.

The timing tricks that separate the best deals

Timing trick #1: Shop in waves, not all at once

Think of it this way, if you only go once on Dec. 26, youre getting a good selection of deals before things get picked over by bargain hunters.

But if you also go later, like in early January, youll find the absolute best prices of the season as stores aggressively start slashing prices.

Heres the pattern you want to pay attention to:

  • Dec. 2628: This is when youll find the best selection along with some decent markdowns (think 25%50% off).
  • Dec. 29Jan. 1: This is when the more aggressive clearance starts to happen (often 50%70%), but keep in mind that popular stuff will disappear quickly.
  • First full week of January: Think of this week where many stores start to mark things down by as much as 70%90%.
  • Mid-January: This is when retailers start to consolidate their clearance items into a small section of the store. Whats left is often sold at an amazing price that makes it basically free.

Timing trick #2: The best markdowns show up early in the day

Clearance shelves get picked over fast, and many stores restock or re-flow clearance sections overnight or early morning. If you can, hit stores right at opening for the best shot at the good leftovers.

Timing trick #3: Dont sleep on online clearance, but be sure to filter

Online clearance can be incredible because you can sort through the stuff quickly using search filters.

Butit can also be a mess because youll see:

  • odd sizes
  • third-party sellers
  • final sale items
  • inflated original prices

Be sure to use search filters the smart way:

  • Sold by: the retailer (not a marketplace seller)
  • Returnable items only
  • Pickup options (sometimes youll find inventory your local store still has tucked away)

How to avoid the after-Christmas deal traps

Trap #1: Final sale items with no returns

Be aware that some holiday clearance items come with strict return rules as stores dont want to see the stuff again. So, before you buy:

  • Check the return windows
  • Check whether clearance is final sale
  • Save your receipt (or screenshot your order confirmation) just in case

Trap #2: Inflated original prices online

If the deal feels too good to be true, be sure to compare the following:

  • Throw the name of the item into Google and see what other stores are selling it for.
  • Look at the items price history by using a price tracking tool like Rufus, CamelCamelCamel, or Keepa.
  • Watch for compare at pricing games that make you think youre getting a good deal even if youre not.

Trap #3: Buying stuff you wouldnt buy at full price

A deal isnt a deal if it turns into clutter in your home.

Think of the best after-Christmas buys as future purchases youre buying ahead of time to make your life a little easier and less expensive. Try to avoid buying stuff just because of a random discount on something you dont really need.

Pro tip: Some of the best things you can buy right after Christmas (for the following year) include gifts for teachers, coaches, friends, and even co-workers. Buy them on sale and store them for when you need them.

Also, don't forget aboutevents like weddings or parties you might be attending in 2026. Buy thegift now and avoid paying full-price for it right before the actual event.

Stores with the best after-Christmas sales

These retailers consistently deliver some of the strongest post-Christmas markdowns.

Amazon

Best for: Electronics, small appliances, home goods, fitness gear

Typical savings: 30%70% off select items

Amazon runs rolling post-holiday promos rather than one big clearance event.

Youll often see strong deals on kitchen appliances, vacuums, headphones, smart home gear, and winter essentials. Prices can fluctuate daily, so always ask Rufus what the pricing history is and set up Rufus price alerts for big-ticket items.

What specifically to watch for:

  • Lightning deals that quietly reappear cheaper a few days later
  • Third-party sellers inflating original prices
  • Better deals in early January than on Dec. 26

Target

Best for: Toys, holiday dcor, wrapping supplies, clothing, gift sets, storage

Typical savings: 30%50% off immediately, deeper discounts in early January.

Targets holiday clearance usually starts with a whimper then gets better with time as they aggressively move stuff out.

What to watch for:

  • Pay attention to the clearance stickers that update every few days, if there is a lot on inventory come back and get it cheaper.
  • In-store prices often beating online.
  • Pay attention to the return policy on deep clearance and final sale items.

Walmart

Best for: Toys, holiday food, seasonal dcor, basic gifts

Typical savings: Around 50% off seasonal items

Walmart is famous for clearing out holiday inventory quickly and aggressively starting on the 26th.

Consider yourself warned that prices at Walmart drop early and often right after Christmas, and most of the really good deals will be gone by Dec. 28th.

Heres what to watch for:

  • Go early to your local store on Dec. 26 and score the early morning clearance finds.
  • Look for store-specific markdowns that dont show up online on Walmart.com.
  • They have very limited restocks once items start to sell out. If you see something you like, throw it in your cart as itll be gone quickly, especially if the price is low.

HomeGoods, TJ Maxx, Marshalls

Best for: Home dcor, throws, candles, giftable housewares

Typical savings: 30%60% off already discounted prices

These stores are great because they quietly roll out post-holiday markdowns rather than advertising a big sale.

The deals are a great time to stock-up on neutral dcor, next years Christmas dcor, wedding gifts, and future hostess gifts.

What to watch for:

  • No rain checks or restocks, once inventory is gone its gone forever.
  • Prices vary heavily from location to location.
  • No online price consistency compared to store prices.

Lowes and Home Depot

Best for: Holiday lights, artificial trees, dcor storage bins and containers.

Typical savings: 50%75% off holiday items

When it comes to your big-box home improvement stores, holiday clearance usually starts strong on Dec. 26th and gets very cheap by early January if much is left.

This is especially true on Xmas lights, artificial trees, and random stocking stuffers like small tools sets, tape measures, power strips, and paint brush sets.

What to watch for:

  • Home Depot and Lowes will typically consolidate all of their clearance stuff into a couple aisles near the front of the store so it should be easy to find.
  • Watch out for limited return windows on some seasonal items, some will even be final sale.
  • Youll find better deals in-store than online as they try to clear the stuff out of the building to make room for spring inventory.

Wayfair

Best for: Deals on furniture, rugs, storage, home refresh items.

Typical savings: 40%60% off

Wayfairs end-of-year sales overlap with after-Christmas deals, making for a perfect storm for large home purchases if youve been price-watching from the sidelines for a while.

What to watch for:

  • Shipping times on large items, they can get steep if youre not careful.
  • Compare at pricing that looks inflated. Try to get the price history of the item by doing a Google search for the product with the words price history.
  • Flash deals rotating daily, so check back periodically and look for the best deal.

Read More ...


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