Yesterday, the Ninth Circuit issued an opinion in Heckman v. Live Nation Entertainment, where it affirmed a district order denying a motion to compel mass arbitration of a consumer antitrust class action about online ticket sales practices by Live Nation and Ticketmaster. Finding the arbitration agreement “borderline unintelligible,” the panel majority held that both the […]
The American Banker’s Kate Berry reports in What the election means for the future of the CFPB (behind paywall but available on Lexis). If Trump wins, Berry reports speculation that Keith Noreika, Todd Zywicki, or Brian Johnson could be his pick to lead the CFPB. Something the article doesn’t note: those folks all have experience […]
The Consumer Financial Protection Bureau today announced its final rule on personal financial data rights under section 1033 of the Consumer Financial Protection Act. According to the bureau’s release, the rule will enable consumers to “fire fintechs and banks that provide lousy service” by enabling transfer of bank data to other banks; “shop for better […]
In Guidotti v. Legal Helpers Debt Resolution, L.L.C., 716 F.3d 764 (3d Cir. 2013), the Third Circuit addressed the question of, when considering a motion to compel arbitration, what standards district courts should apply when determining whether an agreement to arbitrate was actually formed between the parties. The court held that the Rule 12(b)(6) standard […]
As reported in Politico’s Morning Money enewsletter, two courts in Texas and Texas Attorney General Ken Paxton, have rejected arguments that the CFPB cannot act because it is funded out of the Federal Reserve’s earnings and the Fed is currently running a deficit. Paxton’s office wrote that the: argument thus rests on the flawed premise […]
Today, the FTC announced it had finalized its “Click-to-Cancel Rule.” Amending its 1973 “Negative Option Rule,” the rule will prohibit sellers from: misrepresenting any material fact made while marketing goods or services with a negative option feature; failing to clearly and conspicuously disclose material terms prior to obtaining a consumer’s billing information in connection with […]
Enacted in 1988, the Video Privacy Protection Act (VPPA) makes it unlawful for a “video tape service provider” to “knowingly disclose[], to any person, personally identifiable information concerning any consumer of such provider.” The statute further defines “consumer” as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” The […]
Remember how the National Arbitration Forum, also known as NAF, arbitrated disputes involving an affiliated debt collector? Well, the CFPB has banned another arbitration service provider, Ejudicate from consumer arbitrations for a variety of reasons, including that Ejudicate heard matters brought by a party with whom it had a financial relationship, Prehired Recruiting. The CFPB […]
Title III of the Americans with Disabilities Act prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” Courts of appeals […]
Here. The article is Silence as Consumer Consent: Global Regulation of Negative Option Contracts, forthcoming in the American University Law Review.