Show Notes – Revolution Radio 2022-03-30

Hour 1

Hour 1

CFPB releases compliance guidance on online consumer reviews

The guidance highlights certain business practices related to consumer reviews that are generally unlawful under the CFPA, which include, among other things: (i) deceiving consumers by using purported contractual restrictions that are unenforceable;

https://buckleyfirm.com/blog/2022-03-25/cfpb-releases-compliance-guidance-online-consumer-reviews#page=1

CFPB Flexes UDAAP Muscle Over Contractual “Gag” Clauses and Fake Consumer Reviews

The guidance also notes that companies can engage in UDAAPs by manipulating consumers’ comprehension of consumer reviews by, for example:  (i) instructing employees to leave reviews of its products on a third-party website, and also to “dislike” negative reviews left by real customers; and (ii) failing to approve or publish hundreds of thousands lower-starred, more negative reviews while only posting four- and five-star reviews to the company website.

https://www.consumerfinanceandfintechblog.com/2022/03/cfpb-flexes-udaap-muscle-over-contractual-gag-clauses-and-fake-consumer-reviews/#page=1

Companies selling fake reviews are “tarnishing” brand, Amazon says

When asked for comment, a Rebatest spokesperson told Ars Technica the company is “very shocked” about the complaint. “We didn’t encourage our users to do fake reviews,” the rep said. “What we do is help the sellers collect some useful opinions from our users after they use the products before the products are put into the market. …  Users themselves [decide] to do the review on Amazon or not, as long as they complete the trial reports on Rebatest, they will get the rebate back. We don’t force or incentivize our users to do 5-star reviews.”

https://arstechnica.com/tech-policy/2022/02/amazon-sues-companies-over-alleged-fake-review-schemes/

K.F.C. v. Snap Inc., No. 21-2247 (7th Cir. 2022)

K.F.C., age 11, signed up for a Snapchat account. Snapchat’s terms specify that a person must be at least 13 to have an account. K.F.C. lied about her age. Before she turned 18, K.F.C. sued, alleging that Snapchat’s features amount to facial recognition, which violates the Illinois Biometric Privacy Act, K.F.C. acknowledges that she accepted Snapchat’s terms but denies that its arbitration clause binds her although she continued using Snapchat after turning 13

https://law.justia.com/cases/federal/appellate-courts/ca7/21-2247/21-2247-2022-03-24.html

Hertz Ordered To Tell Court How Many Thousands Of Renters It Falsely Accuses Of Theft Every Year

Malofiy said the company does not update its police reports if a payment ultimately processes – leaving customers to flounder in the criminal justice system. In 2020, a spokesperson for Hertz told the Philadelphia Inquirer that a stolen-vehicle report “was valid when it was made” and that it was “up to law enforcement to decide what to do with the case.”

https://www.techdirt.com/2022/02/23/hertz-ordered-to-tell-court-how-many-thousands-renters-it-falsely-accuses-theft-every-year/

Man sentenced to 3 years in federal prison over Pokémon card

U.S. district court judge Dudley H. Bowen also ordered Oudomsine to pay $10,000 on top of the $85,000 in restitution and three years in prison. He will have three years of “supervised release” after the three years in prison. Oudomsine has also agreed to turn the Charizard card over to prosecutors.

https://www.polygon.com/22966063/pokemon-card-prison-sentence-chardizard

Violator of Wildlife Protection Law Sentenced Following FWS Investigation

At Cool’s residence, the U.S. Fish and Wildlife Service (FWS) Office of Law Enforcement found 246 Eastern Box Turtles taken from the wild in Kentucky. Federal prosecutors say that between 2019 and 2020, Cool enlisted friends to help trap for $10 a turtle and sold 669 Eastern Box Turtles to out-of-state buyers for an average of $100.

https://www.fedagent.com/news/violator-of-wildlife-protection-law-sentenced-following-fws-investigation

An Uber crash derailed this rider’s life. How much should Uber pay?

“You entice the passenger into the car, you charge them on the way out and take no responsibility for what happens in between.”

https://www.protocol.com/policy/uber-passenger-insurance

Hour 2

District Court enters $2.8 million judgment in CFPB student debt relief action

. . . alleging a student loan debt relief operation deceived thousands of student-loan borrowers and charged more than $71 million in unlawful advance fees.

https://buckleyfirm.com/blog/2022-03-25/district-court-enters-28-million-judgment-cfpb-student-debt-relief-action#page=1

FTC, DOJ halt deceptive credit repair operation

Company representatives also allegedly informed consumers that the process could boost consumers’ credit scores by 50-200 points within 90 days—a violation of the Credit Repair Organizations Act and the Telemarketing Sales Rule.

Additionally, the FTC claimed that the defendants illegally required consumers to pay upfront fees up to $1,500, and failed to include disclosures detailing cancellation policies or provide consumers with copies of the contracts they were required to sign in order to obtain the defendants’ services.

https://buckleyfirm.com/blog/2022-03-24/ftc-doj-halt-deceptive-credit-repair-operation#page=1

Federal Judge Blows Whistle on Lying Cops (video)

https://www.youtube.com/watch?v=EvuTVvtQrVk

Whistleblower Receives Over $10 Million from Food Service Equipment Provider’s False Claims Act Settlement Related to Small Business Fraud

Pursuant to the False Claim Act’s whistleblower provisions, the original whistleblower will receive $10,912,500 of the total settlement from TriMark.

https://www.lewisthomason.com/whistleblower-receives-over-10-million-from-food-service-equipment-providers-false-claims-act-settlement-related-to-small-business-fraud/

Baby Dolls Topless Saloons, Inc. v. Sotero (Per Curiam), Supreme Court of Texas, 2022

Plaintiffs, members of the family of a woman killed in a high-speed crash while riding in a car driven by an intoxicated adult entertainer employed by Defendant, sued for wrongful death and survival damages, alleging that Defendant continued serving the driver alcohol after knowing she was clearly intoxicated.

https://law.justia.com/cases/texas/supreme-court/2022/20-0782.html

Bipartisan NICS Denial Notification Act Signed into Law

For the 13 states that run their own background checks, local law enforcement can investigate prohibited persons when a background check fails. In the 37 states and the District of Columbia, where the FBI performs some or all background checks, local authorities are generally unaware when a background check is failed.

https://www.fedagent.com/news/bipartisan-nics-denial-notification-act-signed-into-law
Dedication

This book would not exist were it not for the insolence of the judiciary to ignore the People’s constitutional rights to due process and the equal protection of the laws-constitutional, statutory, or common law, rules, regulations.

There is nothing like motivation spurred by lawlessness, particularly by the judiciary, regardless of whether they are attached to state or federal judicial systems.This book is therefore dedicated to each and every lawless judge named in this book.

They should all be forthwith impeached without pension or health benefits. Each took an oath and did not abide by it. There are 1 OOs more across this nation. Readers should email me the names of their “favorite” judges and the reasons their judges should be on a list of judges to whom to dedicate a supplement to this book.

Photographer Sues Plastic Surgery Over Unauthorized Use of Photo

According to the complaint, the photo has been published on the defendant’s website in several locations with the credit removed and no royalties being paid. The plaintiff sent a cease and desist letter and made several attempts to contact and resolve the dispute with the defendant, but no contact was made.

https://lawstreetmedia.com/news/health/photographer-sues-plastic-surgery-over-unauthorized-use-of-photo/

Music Credits

Baby Bash ft. Frankie J – Suga Suga
https://youtu.be/6rgStv12dwA

The Police – Message in a Bottle
https://youtu.be/ObL3L6MRvN4

Taxi Theme Song
https://youtu.be/07tYdd7drSE

Ain’t Nothin’ Free
https://youtu.be/Lpink7LcufY

David Rose “The Stripper”
https://youtu.be/Y2CWfSLyjx8

Paul Simon – Kodachrome
https://youtu.be/8rlDTK6QI-w

Mason Proffit: Two Hangmen
https://youtu.be/CC3yZdG_2Bc

Electronic snips
https://sectorradio.ru/space/

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