The Biden Administrations Junk Fees Initiative Continues: What the Latest Actions Mean for the Consumer Financial Services and Rental Housing Industries, Part I

Published: Dec. 7, 2023, 2:15 p.m.

This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration\u2019s initiative directed at combatting so-called \u201cjunk fees.\u201d Launched in January 2022, the initiative shows no signs of abating. In Part I, we first review the background of the initiative, the range of fees the Administration has labeled \u201cjunk fees,\u201d and discuss the Administration\u2019s focus on competition and its related guidance and directives to federal agencies. We then take a close look at the Federal Trade Commission\u2019s proposed rule to regulate \u201cjunk fees,\u201d including the rationale for the FTC\u2019s decision to engage in rulemaking, the price and fee disclosures that would be required by the proposal, and how an FTC \u201cjunk fees\u201d rule could be used in support of Consumer Financial Protection Bureau actions targeting \u201cjunk fees.\u201d We conclude with a discussion of the impact of the Administration\u2019s initiative and FTC proposal on \u201cjunk fees\u201d related to rental housing.

Alan Kaplinsky, Senior Counsel in Ballard Spahr\u2019s Consumer Financial Services Group, moderates the discussion, joined by John Culhane and Reid Herlihy, Partners in the Group, Michael Gordon and Kristen Larson, Of Counsel in the Group, and Roger Winston, a Partner in the firm and Leader of its Mixed-Use, Condominium, and Multifamily Development Team.