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
Netflix says ad-supported plan now has 70 million monthly active users
Netflix said Tuesday that it had reached 70 million monthly active users on its ad-supported plan, two years after launching its cheaper subscription tier that includes commercials.
That’s up from May, when the company reported having 40 million monthly users on the ad version.
The Los Gatos, Calif., streamer has also been diversifying its content, including increasing its streams of live events, in order to boost its nascent advertising business.
Netflix said it had sold out of the in-game inventory for its live NFL Christmas Day games this year, with sponsors that include sports betting company FanDuel and Verizon. The streamer has partnered with Nielsen to provide live ratings for the games.
Netflix also said it had sold ads across its scripted programs, including the anticipated second season of the Korean drama “Squid Game.”
The company said that more than half of new sign-ups in countries where Netflix offers ads are for the cheaper ad-subscription tier.
“There has been continuous momentum over the last two years, but we’re just getting started and can’t wait to see what’s to come,” Amy Reinhard, president of advertising, said in a blog post.
Netflix began offering a cheaper ad subscription plan in November 2022 after the streamer saw its subscriber growth in decline earlier that year. In the U.S., Netflix with ads cost $6.99 a month, compared to ad-free options that start at $15.49 a month.
At first, Netflix’s ad-supported tier was powered by Microsoft’s technology through a partnership, but the streamer is transitioning to using its own in-house ad technology which will make it function independently from third parties.
The ad-supported tier was part of a broader push to diversify Netflix’s offerings and boost revenue. In addition to commercials, Netflix has started streaming live events, cracking down on password-sharing and promoting games on its platform.
This week, Netflix will up its live sports ambitions with a boxing match between former heavyweight champion Mike Tyson and influencer-turned-fighter Jake Paul.
Netflix in the third quarter added 5 million subscribers, bringing its total to about 283 million globally.
Business
Grindr targeted nascent union with return-to-office ultimatum, labor board alleges
When the LGBTQ+ dating app Grindr told its staff last year that the days of fully remote work were over, more than 80 employees — nearly half off the company — said they wouldn’t report to the company’s West Hollywood headquarters or other newly established offices around the country. As a result, they were let go.
Now, federal labor regulators say the company’s back-to-office order was an unlawful ploy to retaliate against the workers’ union organizing efforts.
In a recent complaint, the National Labor Relations Board’s regional office in Los Angeles accused Grindr of interfering with employees’ right to organize and refusing to recognize the union workers had elected to join, calling the company’s actions “serious and substantial unfair labor practice conduct.”
About the 120 of the company’s roughly 180 employees were poised to form a union bargaining unit represented by Communications Workers of America, according the complaint. All 80 of the terminated employees were part of that group.
The popular app, which uses a location-based model that allows users to browse potential dates in their area, has gone through several ownership changes in recent years, but has continued to post solid profits from a dedicated user base in the tens of millions.
“We hope this NLRB filing sends a clear message to Grindr that, with a union, we are committed to negotiating fair working conditions in good faith,” the union, Grindr United-CWA, said in a statement Monday.
Grindr called the allegations “meritless,” arguing it had alerted employees it would do away with its remote work culture before they went public with their union drive.
“Grindr team members work from one of our offices just two days per week under our hybrid work model, and our decision to transition from fully remote to hybrid work in 2023 predated the union election petition. It was only after it was known that the transition back to in-office work was underway that some employees began signing union cards,” Grindr spokesperson Emily Wright said in statement. “Our focus continues to be on ensuring Grindr remains an exceptional place for our team to work, and an invaluable resource for the global LGBTQ+ community.”
The complaint is the NLRB’s first step in litigating the case after investigating an unfair labor practice claim submitted by employees and finding merit to the allegations. If a settlement with Grindr is not reached, the case will be reviewed by an administrative law judge, who could order the company to take steps to address the issues in the complaint.
In interviews, two former employees said employees began the union effort in late 2022. They pointed to employees who they said had been laid off without clear reasons and unsettling remarks by their then-incoming chief executive George Arison in support of conservative figures who had made bigoted remarks about transgender people.
Workers went public with their campaign to join CWA in July 2023, and two weeks later the company delivered its return-to-office policy in an all-hands meeting conducted on a Zoom video call on Aug. 3, according to the NLRB complaint. Under the new rules, workers who had been living elsewhere were required to move to either the Los Angeles area, Chicago or San Francisco in order to be close to the Grindr office where their job was based. The company offered up to $15,000 to cover relocation expenses, or six months of severance pay for those who chose not to move.
One of the former employees, who asked not to be identified for fear of reprisals as he continues to search for a new job, said that although his contract designated him as having a remote assignment, he was nonetheless included in the back-to-office mandate.
The employee, who was a member of Grindr’s customer experience team, said the company was slow to provide information about the terms of the back-to-office order and that he was forced to decide in less than a day whether to agree to move. He and many others ultimately signed a severance agreement because they were unable to decide so quickly whether to uproot their lives, he said.
The second former employee, Leo Feldman, said he was not given an opportunity to commit to the hybrid work plan and alleges his involvement with the union was behind the decision to fire him from his job as product manager.
The company’s actions seemed intended to disrupt the union drive, he said, noting that some engineers living near the West Hollywood office, for example, were told they had to move to Chicago.
Despite the turmoil, Grindr appears to have satisfied investors with strong growth even as the broader dating app industry has slowed.
As one of three publicly traded dating app companies, Grindr dominates the dating app market along with Bumble and Match Group, which owns Tinder and Hinge. Bumble has seen its stock fall 46% so far this year after missing revenue estimates, but Grindr shares have risen nearly 70% this year, closing at $15.10 on Monday.
The company recently reported $89 million in revenue in the third quarter, up 27% from the same period last year. Net income during the same period grew to $25 million, compared to a loss of $437,000 a year ago. Grindr also saw a 15% year-over-year increase in the number of average paying users, reaching 1.1 million.
“Our product work starts with our users, their needs, their behaviors and their preferences,” Arison said in a recent earnings call. “We are setting Grindr up for another great year of growth in 2025.”
The company, however, continues to face criticism about its privacy practices: earlier this year, it was sued by hundreds of users in the United Kingdom for allegedly sharing personal information — including HIV status and test dates, ethnicity and sexual orientation — with advertising companies without users’ consent. Grindr has denied the claims.
Nick Jones, an equity research analyst at Citizens JMP, said Grindr is outpacing investor expectations and is not alone in requiring employees to return to in-person work.
“A lot of companies believe they can keep their employees more focused if they’re in office,” Jones said. “The market is indicating that this is not a problem for the company,” he added of the NLRB complaint.
Grindr Chief Product Officer AJ Balance said the app has set itself apart from others in the crowded online dating market and is working on new features.
Grindr’s unique user interface known as the grid allows for quick and abundant connections and avoids the swiping model that some users have grown tired of, he said.
“This was built by the community, for the community, which is part of why it really meets the needs of its users in a unique way and why it’s been differentiated as a product over time,” Balance said.
Business
Bitcoin hits record high after Trump's decisive win
The price of a bitcoin soared to a record high of more than $87,000 on Monday, continuing its surge in value since Donald Trump’s decisive victory in the presidential election spurred excitement about the digital currency.
Unlike President Biden, whose administration has sought to rein in cryptocurrencies, Trump has done an about-face from earlier skepticism to embrace them, having even promoted a crypto-based business in September, World Liberty Financial. There are reports that Trump’s sons will run it, but the company’s website says otherwise. The president-elect vowed on the campaign trail to put the country at the center of the digital-asset industry and to oversee the accumulation of a bitcoin stockpile.
Crypto backers who spent more than $100 million promoting crypto-friendly political candidates are now celebrating the promise of a pro-crypto White House.
Bitcoin was trading at about $87,740, up 9% for the day, around 1:30 p.m. Pacific time Monday and has risen 98% this year, in part thanks to demand for U.S. exchange-traded funds and interest rate cuts by the Federal Reserve. Giddy crypto investors have added to the run with bets that the cost of the world’s largest cryptocurrency will reach $100,000 by the end of the year. In London on Monday, there were $780 million worth of investments riding on the price hitting the milestone by Dec. 27, Bloomberg reported.
Trump’s win, along with the prospect of pro-crypto lawmakers in Congress, has boosted smaller digital currencies as well. Dogecoin, a currency promoted by one of Trump’s most vocal and deep-pocketed supporters, Elon Musk, has risen nearly 63% in the last five days. Another currency, Litecoin, has climbed 10% in the same period.
“With the dust from Trump’s victory still settling down, it was only a matter of time before a run-up of some sort occurred given the perception of Trump being pro-crypto, and that’s what we’re seeing now,” Le Shi, managing director of market-making firm Auros, told Bloomberg.
Trump’s broader agenda of cutting taxes and regulations and bolstering domestic economic growth also triggered a buying spree across stocks, with the Standard & Poor’s 500 index hitting a record last week. The rise in bitcoin, meanwhile, exceeds the returns from investments including stocks and gold.
Crypto-related companies also got a boost from Trump’s win. Shares of Microstrategy, a software maker that buys cryptocurrency as part of its financial strategy, and U.S. crypto exchange Coinbase were each up more than 22% on Monday and have been rising throughout Trump’s candidacy. Crypto-miners MARA Holdings and Riot Platforms saw shares climb Monday by 30% and 18%, respectively.
Under Biden, Securities & Exchange Commission Chair Gary Gensler characterized the cryptocurrency industry as rife with fraud and misconduct. Trump was initially skeptical about digital assets as well, but changed his tune on the campaign trail and earned the support of crypto investors.
Trump will almost certainly replace Gensler and has promised to soften federal oversight of cryptocurrency. Republicans also will control the Senate under Trump and are on the brink of getting the majority in the House, potentially clearing the way for the passage of new pro-crypto bills.
Bloomberg contributed to this report.
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