With Federal Consumer Protections Under Threat, New Yorkers Would Benefit From a Ban on Unfair and Abusive Business Practices
If the Supreme Court weakens the efficacy of federal agencies, New York would be well served to have strong laws on the books to hold bad actors accountable, a guest columnist for the Law Journal writes.
April 09, 2024 at 01:15 AM
4 minute read
Right now, when New York consumers and small business owners are harmed by unfair or abusive business practices, they have no protections under state law to hold unethical businesses accountable. They must instead rely on federal agencies, such as the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC), which have the power to help victims vindicate their rights. But the U.S. Supreme Court may soon strip these agencies of this power, leaving vulnerable New Yorkers, disproportionately in communities of color, with nowhere to turn.
For example, in May 2020, the FTC filed a complaint against Bronx Honda and its general manager for deceptive and discriminatory practices against Black and Hispanic car buyers. The FTC alleged numerous unethical practices used to charge Black and Hispanic New Yorkers higher financing markups and fees than similarly-situated non-Hispanic white customers. These New Yorkers were dependent on the FTC, because New York's own consumer protection law does not cover the discriminatory and unfair business practices.
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