NCL statement on court siding with airlines against price transparency 

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Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Late last night, the U.S. Court of Appeals for the 5th Circuit chose to block a pro-consumer DOT rule that would have required the disclosure of baggage, change, and cancellation fees at the start of the purchasing process for airfares. The court cited a procedural reason related to a regulatory impact analysis in allowing airlines to continue overcharging consumers $543 million in hidden fees each year.  

“It’s disappointing that the 5th Circuit sided with airline profits over consumers. Price transparency is overwhelmingly popular and should not be a litigated issue,” said NCL VP of Public Policy, Telecommunications, and Fraud John Breyault. “While this is a temporary loss for passengers, we are pleased that the court appears to have rejected the airline industry’s efforts to get a free pass from DOT oversight entirely.” 

In the decision, the court did reject the airlines’ reckless argument that DOT lacks the authority to issue regulations prohibiting predatory business practices, a claim that threatened decades of consumer protection law. 

Further reading: 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

NCL statement on confirmation of DOT Secretary Sean Duffy 

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Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Today, the Senate confirmed Sean Duffy as secretary of the U.S. Department of Transportation (DOT). Secretary Duffy will lead the Department as a number of critical aviation passenger protection issues remain unresolved or unaddressed, including: 

·                  Acting on an unfulfilled Congressional mandate to require airlines to seat families together, without incurring extra charges 

·                  Acting on multiple unfulfilled Congressional mandates to establish minimum seat sizes 

·                  Acting on an unfulfilled Congressional mandate to update emergency evacuation standards that are decades out of date 

·                  Defending the Department’s authority to require transparent pricing of airfares against a lawsuit brought by air carriers 

·                  Bringing U.S. regulations in line with international standards to promote market competition and provide cash compensation to passengers affected by significant flight disruptions and cancellations 

Secretary Duffy will also be charged with curbing the unacceptably high number of automobile fatalities and injuries on our nation’s roads, which accounted for approximately 42,000 deaths and over 5.2 million injuries in 2022. 

“Secretary Duffy inherits the mantle of one of the most pro-consumer DOT’s we’ve ever seen,” said John Breyault, NCL Vice President of Public Policy, Telecommunications, and Fraud. “We look forward working with the new leadership at DOT to complete these outstanding airline passenger protection to-do’s and take additional steps to promote the public interest and competition in our nation’s transportation industries more broadly.” 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

NCL blasts NHTSA’s delay and reconsideration of automatic emergency braking standard

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Biden-era standard was projected to save hundreds of lives and prevent thousands of injuries each year

Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Today, the National Highway Traffic Safety Administration (NHTSA) delayed the implementation of a Biden-era rule that would require all passenger cars and light trucks to be equipped with automatic emergency brakes (AEB), which are automobile safety systems that automatically detect when a frontal collision with a vehicle or pedestrian is imminent and automatically applies the brakes to prevent or mitigate impact. The final rule was projected to save at least 362 lives and mitigate 24,321 injuries each year. Manufacturers would have to come into compliance with the rule by 2029.

“Mistakes should not cost lives, and with modern automobile safety technologies, they no longer have to,” said Daniel Greene, Senior Director, Consumer Protection & Product Safety Policy. “The Biden Administration took bold action to address the automobile safety crisis by requiring automatic emergency brakes to be standard safety features, not luxury items, on all new cars and light trucks. The Biden-era rule balanced the need to support safety innovation and compliance while addressing unacceptable carnage on our nation’s roads. Delaying or weakening these standards simply makes our streets more dangerous.”

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

NCL urges swift passage of the TAKE IT DOWN Act

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Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, D.C. – Last week, U.S. Senators Cruz and Klobuchar reintroduced the TAKE IT DOWN Act, a bill that would make it illegal to post non-consensual intimate imagery (NCII) and require platforms to remove such content within 48 hours of notice. NCL strongly supports the TAKE IT DOWN Act and calls on the new Congress to prioritize swift passage of the measure. Last year, the legislation passed the Senate and was set to clear the House of Representatives, until Elon Musk intervened in end-of-year negotiations. 

“The TAKE IT DOWN Act has overwhelming bipartisan support. There’s no reason this can’t pass within the first 100 days.” said NCL Senior Public Policy Manager Eden Iscil. “Victims of NCII shouldn’t face pushback from digital platforms when they ask for the images of themselves to be removed. This bill would make that request a federal right.” 

The legislation also covers AI-generated NCII (i.e. deepfakes), a growing issue that can be just as damaging as in-person photography. 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

A win for human rights: DC mayor’s signature is a major step in banning child marriage

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Media Contact: Lisa McDonald, Vice President of Communications, 202- 207-2829

Washington, DC – The National Consumers League (NCL) applauds Washington, DC Mayor Muriel Bowser for signing the Child Marriage Prohibition Amendment Act of 2024 into law. This important legislation prohibits child marriages in the District of Columbia, ensuring the protection of minors from this harmful practice. The bill will now undergo 30 days of congressional review. If approved by Congress, the District of Columbia will join the 13 U.S. states and two U.S. territories that have already banned child marriage.

As a longstanding advocate for the basic human rights of girls and women worldwide, NCL expresses deep gratitude to Mayor Bowser and Councilmember Pinto for their leadership in addressing this critical issue.

“We’re delighted that Washington, DC is taking a significant stand against child marriage,” said Reid Maki, Director of Child Labor Advocacy at the National Consumers League and Coordinator of the Child Labor Coalition. “This legislation, in a city that has unfortunately seen an increase in child marriages, sets a powerful example for other cities, states, and nations to follow. Ending this practice will protect young girls from the many negative health and social consequences that early marriage brings.”

The decision to protect children from the harmful practice of early marriage is not just a local victory but a beacon of hope for girls around the world. Recent global developments, such as Iraq’s troubling decision to reduce the legal marriage age to just 9, emphasize the urgency of upholding basic human rights for girls and women everywhere.

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About the National Consumers League (NCL)
Founded in 1899, the National Consumers League (NCL) is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

Additional Resources

Forced Marriage Still a Reality in the U.S. (Blog)

Child Marriage Survivors Share Their Stories (Podcast)

Child and Forced Marriage Put the “Lock” in Wedlock (Podcast)

NCL supports click-to-cancel legislation in Maryland Senate

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January 21, 2025

Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Today, NCL submitted testimony in support of SB49 before a Thursday hearing in the Maryland Senate Finance Committee.

 

January 21, 2025

The Honorable Pamela Beidle, Chair
Senate Finance Committee
Maryland General Assembly
3 East Miller Senate Office Building
Annapolis, MD 21401

RE: NCL support for SB 49 (Consumer Protection-Automatic Renewals)

Dear Chair Beidle,

On behalf of the National Consumers League (NCL), the nation’s oldest consumer advocacy organization, I write to express our strong support for SB 49 (cross-filed with HB 107), a bill introduced by Senator Gile that would promote fairness in the marketplace for automatically renewing subscription contracts.^1 As an organization that has long championed consumer rights and the protection of vulnerable populations from unfair, abusive, and deceptive trade practices, we are pleased to see Maryland considering such important legislation. We urge the committee to favorably report the measure with amendments to strengthen the legislation even further.

The average consumer pays two-and-a-half times what they originally estimated on monthly subscriptions.^2 When an individual attempts to cancel an automatic renewal, they often encounter burdensome cancellation processes. One survey found that more than half of respondents
reported an average of three months to cancel unwanted recurring payments.^3 That same study discovered that 71% of individuals lost more than $600 a year in unwanted payments.

NCL has been an active supporter of auto-renewal protections in other jurisdictions, including at the Council of the District of Columbia^4 and the Federal Trade Commission,^5 where rules set clear guidelines for both the provision and cancellation of automatically renewing subscription contracts. These measures were designed to enhance transparency, prevent deceptive practices, and ensure that consumers are able to easily cancel such subscriptions without unnecessary obstacles or undue financial burdens. We believe that SB 49, which reflects many of these same principles, is a step in the right direction toward safeguarding Maryland consumers from exploitation through automatic renewal clauses that can trap them into paying for services they no longer wish to receive or did not realize they signed up for in the first place.

While the Federal Trade Commission has finalized its click-to-cancel rule to take effect nationwide,^6 the future of this federal regulation is uncertain as a new presidential administration and new majorities in Congress have the means to undo the critical consumer protection. Regardless of the federal regulation’s status, Maryland has the opportunity to enact even stronger protections for its citizens through SB 49.

Compared to the federal rule, Senator Gile’s legislation goes further in protecting Marylanders by requiring sellers to provide an annual notice to consumers enrolled in an autorenewal plan, clearly reminding them of the terms of the plan and the cancellation methods available. Additionally, SB 49 includes safeguards against free trial conversion traps, a provision that is absent in the federal regulation.

There are however a few improvements that the committee should implement to better protect Maryland consumers.

First, require sellers to obtain a separate consent solely for the automatically renewing piece of the product, apart from any other transaction. Consumers too often believe they are purchasing a product without knowing that they are signing up for a subscription. While the clear and conspicuous disclosures proposed in SB 49 will go a long way in reducing this unfair, abusive, and deceptive trade practice, requiring separate consent for the subscription should significantly reduce any remaining confusion.

Second, require sellers to provide a notice to consumers before each automatic and recurring payment. While the annual notice in the bill is commendable, providing the same reminder (including the terms of the plan, the amount to be charged, and the cancellation methods) before each recurring payment—whether they be annually, monthly, or similarly regular basis—would greatly lessen consumer harm.

Third, prohibit sellers from obtaining a consumer’s credit card information to begin a free trial. Too many dishonest businesses enroll consumers in free trial conversion traps, using pre-given credit card information and hidden consent for the conversion to a paid subscription. SB 49’s notice requirement before conversion should dissuade this practice, prohibiting sellers from requiring consumers to provide their credit card information to begin a free trial would eliminate this unfair, abusive, and deceptive practice entirely.

Lastly, remove the deferral to federal regulation in subsection E (lines 20 through 23 on page 5). SB 49 in its current form already includes a number of additional safeguards missing in the federal regulation. Allowing covered entities to escape their obligations under Maryland law as long as they adhere to the lesser requirements in the federal regulations would be unnecessarily self-limiting. The Federal Trade Commission itself included a deferral to the states in its regulation, stating in 16 CFR § 425.7

(a) In general. This part shall not be construed as superseding, altering, or affecting any State statute, regulation, order, or interpretation relating to negative option
requirements, except to the extent it is inconsistent with the provisions of this part, and then only to the extent of the inconsistency.

(b) Greater protection under State law. For purposes of this section, a State statute,
regulation, order, or interpretation is not inconsistent with the provisions of this part if it affords any consumer greater protection than provided under this part.^7

NCL applauds Senator Giles for her leadership on this issue and appreciates the committee’s work to protect Maryland consumers. By enacting SB 49, Maryland would join a growing list of states and localities working to curb the negative effects of automatic renewal schemes and ensure that businesses are held accountable for their marketing and contract practices. NCL supports SB 49 and urges the committee to strengthen the bill even further before favorably
reporting the measure.

Should you or your colleagues have any questions, please do not hesitate to contact me at your convenience.

 

Sincerely,

Eden Iscil
Senior Public Policy Manager
National Consumers League
edeni@nclnet.org

cc: The Honorable Antonio Hayes, Vice Chair, Senate Finance Committee
The Honorable Dawn Gile
The Honorable Andrew Prusk

 

1 “Consumer Protection – Automatic Renewals,” Maryland General Assembly, accessed January 21, 2025. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0049
2 “Subscription Service Statistics and Costs,” C+R Research, May 18, 2022. https://www.crresearch.com/blog/subscription-service-statistics-and-costs/
3 “Survey from Chase Reveals That Two-Thirds of Consumers Have Forgotten About At Least One Recurring Payment In The Last year,” Chase, April 1, 2021. https://media.chase.com/news/survey-from-chase-reveals
4 “D.C. Law 22-235. Structured Settlements and Automatic Renewal Protections Act of 2018,” Council of the District of Columbia, March 13, 2019. https://code.dccouncil.gov/us/dc/council/laws/22-235
5 “NCL welcomes FTC’s click-to-cancel rule,” National Consumers League, October 17, 2024. https://nclnet.org/ncl-welcomes-ftcs-click-to-cancel-rule/ 
6 “Federal Trade Commission Announces Final ‘Click-to-Cancel’ Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships,” Federal Trade Commission, October 16, 2024. https://www.ftc.gov/news-events/news/press-releases/2024/10/federal-trade-commission-announces-final-click-cancel-rule-making-it-easier-consumers-end-recurring 
7 “Part 425—Rule Concerning Recurring Subscriptions and Other Negative Option Programs,” Code of Federal Regulations, January 16, 2025. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-425

 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds DOL’s efforts to hold corporations accountable when it comes to child labor violations

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Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Today, the National Consumers League (NCL) applauds the U.S. Department of Labor (DOL) for their recent efforts to combat unlawful child labor practices, following several significant enforcement actions in the past week. These recent actions demonstrate the Department’s commitment to holding corporations accountable for violating child labor laws and protecting vulnerable young workers from exploitation.

“NCL commends the Biden Administration’s Department of Labor for these landmark actions,” said Reid Maki NCL Director of Child Labor Advocacy. “These agreements not only hold corporations responsible for their violations but also set a clear precedent for others to follow in ensuring that children are not subjected to dangerous, illegal labor.”

This month’s actions by the DOL’s Wage and Hour Division:

Cleaning Contractor Pays $400,000 in Penalties: The DOL reached an agreement with a Tennessee cleaning contractor, requiring the company to pay $400,000 in civil penalties and take proactive steps to prevent child labor violations. The company will implement new policies, including monitoring and auditing to ensure children are not employed in hazardous jobs, and provide a toll-free number for reporting concerns. Additional information here.

Perdue Farms and Staffing Agency Address Violations: The DOL reached an agreement with Perdue Farms and a temporary staffing agency, SMX, following an investigation into child labor violations at Perdue’s poultry processing facility in Accomac, Virginia. This agreement outlines measures to prevent child labor violations and ensure compliance with federal child labor laws. Additional information here.

JBS USA Takes Responsibility for Child Labor Violations: The DOL secured an agreement with JBS USA, the nation’s largest meatpacking processor, to address child labor violations in its supply chain. JBS will pay $4 million to support individuals and communities affected by illegal child labor and launch an awareness campaign to educate the public on the dangers of child labor. The funds may provide immediate assistance to affected individuals and community organizations in the form of scholarships, stipends and educational aid including assistance to community organizations to fund English as a Second Language teaching positions, literacy, job training and housing. Additional information here.

Little Caesars Franchisee Fined for Child Labor Violations: A Little Caesars franchise in Farmington Hills, Michigan, was found to have employed minors to operate dangerous equipment such as dough mixers and ovens. The company also violated child labor laws by allowing three 15-year-olds to work past 7 p.m. on school nights. The franchisee was penalized $26,000 as part of the settlement. Additional information here.

During the last two years, as hazardous child labor spread to factories and meatpacking plants across the U.S., the Wage and Hour Administration has invoked an arrange of innovative strategies to help reduce child labor and to protect vulnerable children. Those strategies have included using “hot goods” mechanisms, reformulating child labor fines, funneling resources to child labor victims.

NCL continues to advocate for stronger protections for children and workers across the country, urging lawmakers, businesses, and consumers to join in the effort to eliminate child labor in all forms.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org

Daniel M. Greene joins NCL as Senior Director of Consumer Protection and Product Safety Policy

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Washington, DC – The National Consumers League (NCL), America’s pioneering consumer advocacy organization, is pleased to announce the appointment of Daniel M. Greene as the new Senior Director of Consumer Protection and Product Safety Policy. Mr. Greene brings a wealth of experience in legislative and regulatory strategy, consumer safety and protection, and public policy development.

“Daniel’s experience in product and auto safety, coupled with his proven track record of bipartisan collaboration, makes him an invaluable asset to our team,” said Sally Greenberg, CEO of the National Consumers League. “His leadership will amplify our efforts to champion transparency, fairness, and safety for consumers nationwide.”

Most recently, Mr. Greene served as a Senior Professional Staff Member for the House Energy and Commerce Committee. Prior positions include serving as a Legislative Assistant for the office of Senator Edward J. Markey (D-Mass.), a Legislative Fellow in the office of Congressman Matt Cartwright (D-Penn.), and a Senior Public Affairs Advisor for the WarwickGroup.

“Tragically, threats to everyday consumers are pervasive and on the rise,” said Greene. “The unacceptably high number of deaths and injuries on our nation’s roads has become a traffic safety crisis, harm caused by hazardous and counterfeit products has reached epidemic levels, and the deluge of scammers and anticompetitive practices has had a crippling effect on the average consumer. I am honored to join an organization with a rich, 125-year history of fighting for consumer and worker rights. I am excited to bring my experience to NCL as we tackle the most pressing challenges facing consumers today.”

He is a graduate of The George Washington University with both a bachelor’s and master’s degrees in Public Policy.

In his new role, Mr. Greene will collaborate with policymakers, corporations, and safety advocates to address emerging consumer challenges and uphold the organization’s mission of promoting a fair and just marketplace.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Cecile Richards, a champion of women’s reproductive rights

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Washington, DC – The National Consumers League (NCL) joins in mourning the untimely death of Cecile Richards, long-time Planned Parenthood president.

Consumers and patients owe Cecile Richards a debt of gratitude for the heroic efforts to protect access to healthcare and reproductive freedom for women across America and especially for championing the reproductive rights of those of modest means. Richards spent 12 years at the helm of Planned Parenthood and expanded membership from 3 to 11 million.

Since NCL’s founding in 1899, the healthcare of women and their babies has been of paramount importance to the NCL. There is no better example than Cecile Richards of someone who embodies these values. While her death saddens us, we know that she left an incredible legacy and strengthened the movement probably more than any other American. We thank her for her many years of dedication and hard work and for standing up for the principle that all women are entitled to make decisions about their own bodies without government interference.

Our thoughts are with Cecile and her family at this sorrowful time.

-Sally Greenberg, NCL CEO

 

NCL celebrates White House’s affirmation of Equal Rights Amendment ratification 

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Media Contact: Lisa McDonald, Vice President of Communications, 202-207-2829

Washington, DC – Today, the *president of the United States affirmed that the Equal Rights Amendment became the 28th amendment to the Constitution when Virginia became the 38th state to ratify the measure in 2020. The amendment prohibits discrimination based on sex, which would solidify protections for both consumers and workers.

There was a time not so long ago when women couldn’t get their own credit cards, couldn’t sign a mortgage or open a bank account in their own names. They needed their husbands or fathers to co-sign. And a time when women couldn’t be hired for certain jobs that were deemed too dangerous or unsavory. Laws adopted since have helped protect against that kind of discrimination, but laws can be altered or amended.

The ERA would guard against any rollbacks of women’s rights by legislation or court cases that are often politically motivated. Indeed, in recent years, many of the equality gains made by the women’s rights movement have been weakened.

“Non-discrimination is the basis for all other consumer protections,” said NCL CEO Sally Greenberg. “Non discrimination in goods and services without bias against gender, should be a fundamental right. It’s long past time the Constitution officially protected Americans from sex-based prejudice.”

The movement for the Equal Rights Amendment has been over a century in the making. Legal experts from the American Bar Association to the American Civil Liberties Union agree that the amendment has reached the requisite thresholds for ratification to the Constitution.

NCL extends gratitude to President Joe Biden for his record of championing rights and protections of all citizens and for his outstanding consumer and worker initiatives throughout his four years in office.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.