Business
FTC lawsuit accuses L.A. cash app Dave of charging hidden fees
The Federal Trade Commission has accused Los Angeles cash app Dave Inc. of misleading its financially vulnerable customers about fees it charges and the amount of money it gives out.
In a federal lawsuit filed Tuesday in Los Angeles, the agency alleges that although Dave advertises it offers $500 advances “instantly,” only a “miniscule” number of customers receive close to that amount. It also says customers are unaware they must pay a fee to get immediate cash, or else wait several days, and that the app charges a default “tip” of 15% that many customers don’t know they are paying.
The lawsuit, which includes additional allegations of wrongdoing, seeks a permanent injunction to prevent future violations of FTC regulations and a 2010 law that regulates online commerce.
“Dave lured in consumers living paycheck-to-paycheck with false claims of big-dollar advances, then reached into their pockets to give itself a so-called ‘tip,’” Samuel Levine, director of the agency’s Bureau of Consumer Protection, said in a statement.
Dave founder and Chief Executive Jason Wilk declined to comment, but the company issued a statement disputing the allegations. It said it intended to “vigorously defend” itself and that none of the allegations in the lawsuit, if proved, would prevent the app from charging the fees or “optional tips,” but instead were about issues around “consumer disclosures and consent.”
The lawsuit was approved by a bipartisan 4-1 vote of the FTC, with Republican Commissioner Andrew Ferguson joining Chair Lina Khan and the two other Democrats on the board voting in its favor. Khan is widely expected to be replaced under the new Trump administration.
Khan, who has pursued an aggressive antitrust agenda, has been a divisive figure among politicians and business elites. Among critics calling for her ouster was billionaire Mark Cuban, an early Dave investor, who feared Khan might break up big Silicon Valley tech companies. He later pulled back some of those comments.
Consumer advocates have worried that a second Trump administration would give short shrift to financial protection laws. During Trump’s first term, another federal body, the Consumer Financial Protection Bureau, weakened proposed regulations targeting payday lenders.
Lauren Saunders, associate director of the National Consumer Law Center, said the future work of the CFPB would be dictated by a new administrator under Trump; but because the FTC is governed by commissioners with staggered seven-year terms, change could come slowly.
“They will be able to appoint the chair and appoint new members, but it might take a little time,” she said.
The lawsuit was the first time the agency has targeted the practice of “tipping,” which other cash advance apps such as MoneyLion also employ.
However, it filed two similar lawsuits against the cash apps Brigit and FloatMe, accusing them of promising large advances for free and then charging fees for immediate access to the money. Both companies settled with the agency, agreeing to change their practices and refund customers.
For the record:
1:23 p.m. Nov. 6, 2024An earlier version of this story said that DailyPay, a paycheck advance app, charges tips. It does not.
The Consumer Financial Protection Bureau has targeted tips charged by companies that typically partner with employers to give workers access to money prior to payday. Earlier this year it proposed a regulation that would include certain tips and expedited delivery fees in the total disclosed finance charges on such advances.
Dave, in a July news release, said it would not be subject to the new rules given how its advances are structured. The National Consumer Law Center has called on the CFPB to broaden the proposed regulations to include all forms of cash advances made by direct-to-consumer financial technology companies.
The lawsuit against Dave accuses the company of charging “express fees” of $3 to $25 and misleading customers into giving the default tip of 15% through a deceptive interface on the app that links tips to “healthy meals” for children in need — when only a fraction of the tips goes to charity.
It also accuses the company of charging a $1 monthly fee and making it extremely difficult for customers to stop the charge.
The Dave statement said the company was in the midst of “good-faith negotiations” over the allegations when the agency decided to instead file the lawsuit.
The company, which went public in 2022, has seen sales grow from $205 million that year to $259 million last year. It said Tuesday that it expects third-quarter revenue to hit $92.5 million, a 41% increase over the same period last year, while turning a small profit.
Shares of Dave, which have risen more than 700% since last year, rose 22% to $45.87 on Wednesday.
Business
Nike to Cut 1,400 Jobs as Part of Its Turnaround Plan
Nike is cutting about 1,400 jobs in its operations division, mostly from its technology department, the company said Thursday.
In a note to employees, Venkatesh Alagirisamy, the chief operating officer of Nike, said that management was nearly done reorganizing the business for its turnaround plan, and that the goal was to operate with “more speed, simplicity and precision.”
“This is not a new direction,” Mr. Alagirisamy told employees. “It is the next phase of the work already underway.”
Nike, the world’s largest sportswear company, is trying to recover after missteps led to a prolonged sales slump, in which the brand leaned into lifestyle products and away from performance shoes and apparel. Elliott Hill, the chief executive, has worked to realign the company around sports and speed up product development to create more breakthrough innovations.
In March, Nike told investors that it expected sales to fall this year, with growth in North America offset by poor performance in Asia, where the brand is struggling to rejuvenate sales in China. Executives said at the time that more volatility brought on by the war in the Middle East and rising oil prices might continue to affect its business.
The reorganization has involved cuts across many parts of the organization, including at its headquarters in Beaverton, Ore. Nike slashed some corporate staff last year and eliminated nearly 800 jobs at distribution centers in January.
“You never want to have to go through any sort of layoffs, but to re-center the company, we’re doing some of that,” Mr. Hill said in an interview earlier this year.
Mr. Alagirisamy told employees that Nike was reshaping its technology team and centering employees at its headquarters and a tech center in Bengaluru, India. The layoffs will affect workers across North America, Europe and Asia.
The cuts will also affect staffing in Nike’s factories for Air, the company’s proprietary cushioning system. Employees who work on the supply chain for raw materials will also experience changes as staff is integrated into footwear and apparel teams.
Nike’s Converse brand, which has struggled for years to revive sales, will move some of its engineering resources closer to the factories they support, the company said.
Mr. Alagirisamy said the moves were necessary to optimize Nike’s supply chain, deploy technology faster and bolster relationships with suppliers.
Business
Senate committee kills bill mandating insurance coverage for wildfire safe homes
A bill that would have required insurers to offer coverage to homeowners who take steps to reduce wildfire risk on their property died in the Legislature.
The Senate Insurance Committee on Monday voted down the measure, SB 1076, one of the most ambitious bills spurred by the devastating January 2025 wildfires.
The vote came despite fire victims and others rallying at the state Capitol in support of the measure, authored by state Sen. Sasha Renée Pérez (D-Pasadena), whose district includes the Eaton fire zone.
The Insurance Coverage for Fire-Safe Homes Act originally would have required insurers to offer and renew coverage for any home that meets wildfire-safety standards adopted by the insurance commissioner starting Jan. 1, 2028.
It also threatened insurers with a five-year ban from the sale of home or auto insurance if they did not comply, though it allowed for exceptions.
However, faced with strong opposition from the insurance industry, Pérez had agreed to amend the bill so it would have established community-wide pilot projects across the state to better understand the most effective way to limit property and insurance losses from wildfires.
Insurers would have had to offer four years of coverage to homeowners in successful pilot projects.
Denni Ritter, a vice president of the American Property Casualty Insurance Assn., told the committee that her trade group opposed the bill.
“While we appreciate the intent behind those conversations, those concepts do not remove our opposition, because they retain the same core flaw — substituting underwriting judgment and solvency safeguards with a statutory mandate to accept risk,” she said.
In voting against the bill Sen. Laura Richardson, (D-San Pedro), said: “Last I heard, in the United States, we don’t require any company to do anything. That’s the difference between capitalism and communism, frankly.”
The remarks against the measure prompted committee Chair Sen. Steve Padilla, (D-Chula Vista), to chastise committee members in opposition.
“I’m a little perturbed, and I’m a little disappointed, because you have someone who is trying to work with industry, who is trying to get facts and data,” he said.
Monday’s vote was the fourth time a bill that would have required insurers to offer coverage to so-called “fire hardened” homes failed in the Legislature since 2020, according to an analysis by insurance committee staff.
Fire hardening includes measures such as cutting back brush, installing fire resistant roofs and closing eaves to resist fire embers.
Pérez’s legislation was thought to have a better chance of passage because it followed the most catastrophic wildfires in U.S. history, which damaged or destroyed more than 18,000 structures and killed 31 people.
The bill was co-sponsored by the Los Angeles advocacy group Consumer Watchdog and Every Fire Survivor’s Network, a community group founded in Altadena after the fires formerly called the Eaton Fire Survivors Network.
But it also had broad support from groups such as the California Apartment Association, the California Nurses Association and California Environmental Voters.
Leading up to the fires, many insurers, citing heightened fire risk, had dropped policyholders in fire-prone neighorhoods. That forced them onto the California FAIR Plan, the state’s insurer of last resort, which offers limited but costly policies.
A Times analysis found that that in the Palisades and Eaton fire zones, the FAIR Plan’s rolls from 2020 to 2024 nearly doubled from 14,272 to 28,440. Mandating coverage has been seen as a way of reducing FAIR Plan enrollment.
“I’m disappointed this bill died in committee. Fire survivors deserved better,” Pérez said in a statement .
Also failing Monday in the committee was SB 982, a bill authored by Sen. Scott Wiener, (D-San Francisco). It would have authorized California’s attorney general to sue fossil fuel companies to recover losses from climate-induced disasters. It was opposed by the oil and gas industry.
Passing the committee were two other Pérez bills. SB 877 requires insurers to provide more transparency in the claims process. SB 878 imposes a penalty on insurers who don’t make claims payments on time.
Another bill, SB 1301, authored by insurance commissioner candidate Sen. Ben Allen, (D-Pacific Palisades), also passed. It protects policyholders from unexplained and abrupt policy non-renewals.
Business
How We Cover the White House Correspondents’ Dinner
Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.
Politicians in Washington and the reporters who cover them have an often adversarial relationship.
But on the last Saturday in April, they gather for an irreverent celebration of press freedom and the First Amendment at the Washington Hilton Hotel: The White House Correspondents’ Association dinner.
Hosted by the association, an organization that helps ensure access for media outlets covering the presidency, the dinner attracts Hollywood stars; politicians from both parties; and representatives of more than 100 networks, newspapers, magazines and wire services.
While The Times will have two reporters in the ballroom covering the event, the company no longer buys seats at the party, said Richard W. Stevenson, the Washington bureau chief. The decision goes back almost two decades; the last dinner The Times attended as an organization was in 2007.
“We made a judgment back then that the event had become too celebrity-focused and was undercutting our need to demonstrate to readers that we always seek to maintain a proper distance from the people we cover, many of whom attend as guests,” he said.
It’s a decision, he added, that “we have stuck by through both Republican and Democratic administrations, although we support the work of the White House Correspondents’ Association.”
Susan Wessling, The Times’s Standards editor, said the policy is a product of the organization’s desire to maintain editorial independence.
“We don’t want to leave readers with any questions about our independence and credibility by seeming to be overly friendly with people whose words and actions we need to report on,” she said.
The celebrity mentalist Oz Pearlman is headlining the evening, in lieu of the usual comedy set by the likes of Stephen Colbert and Hasan Minhaj, but all eyes will be on President Trump, who will make his first appearance at the dinner as president.
Mr. Trump has boycotted the event since 2011, when he was the butt of punchlines delivered by President Barack Obama and the talk show host Seth Meyers mocking his hair, his reality TV show and his preoccupation with the “birther” movement.
Last month, though, Mr. Trump, who has a contentious relationship with the media, announced his intention to attend this year’s dinner, where he will speak to a room full of the same reporters he often derides as “enemies of the people.”
Times reporters will be there to document the highs, the lows and the reactions in the room. A reporter for the Styles desk has also been assigned to cover the robust roster of after-parties around Washington.
Some off-duty reporters from The Times will also be present at this late-night circuit, though everyone remains cognizant of their roles, said Patrick Healy, The Times’s assistant managing editor for Standards and Trust.
“If they’re reporting, there’s a notebook or recorder out as usual,” he said. “If they’re not, they’re pros who know they’re always identifiable as Times journalists.”
For most of The Times’s reporters and editors, though, the evening will be experienced from home.
“The rest of us will be able to follow the coverage,” Mr. Stevenson said, “without having to don our tuxes or gowns.”
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