Retired Chief Judge Susan G. Braden, formerly of the United States Court of Federal Claims, has written Quo Vadis—Federal Trade Commission? She argues that the Department of Justice should absorb the FTC. The paper was written before the Court decided Trump v. Slaughter but it anticipated the result. This proposal reminds me of how the […]
A federal court’s consideration of the Consumer Financial Protection Bureau’s plan to lay off employees is temporarily delayed pending the nomination of a new director. More than a year ago, the National Treasury Employees Union sued the CFPB’s Acting Director Russell Vought and others, seeking to halt the rushed attempt to mass fire employees and […]
Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA) provides a private right of action for any “person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation” of FTC regulations related to “residential telephone subscribers’ privacy rights to avoid receiving telephone solicitations […]
Online and in person at GW Law on August 3 from 9:00 to 12:30 with an all-star lineup of speakers. Registration is free. More information here.
For those who haven’t had the fortune of trying to find a rental apartment in New York City, there has long been a system of “brokers’ fees”, where the *renter* is required to pay a broker a fee, often equal to one months’ rent, in order to obtain an apartment, which was negotiated by the […]
Mark Bartholomew of Buffalo and Samuel Becher of the City University of Hong Kong have written a short opinion piece for the Regulatory Review: Consumer Protection Law Was Not Built for Robot Shoppers. Here are the first and last paragraphs: Imagine waking up to find that, while you slept, an artificial intelligence (AI) shopping agent […]
It’s not the biggest issue at the CFPB, but I really miss the old days of transparency. It’s hard to have any accountability if you don’t know what’s going on–or these days, not going on. This week, for the first time since he took over, Acting CFPB Director Vought will testify before Congress about the […]
The New Jersey Consumer Finance Licensing Act (CFLA) requires consumer lenders to obtain a license, and provides that if a lender violates that provision “in the making or collection” of a loan, the loan contract “shall be void” and the lender “shall be guilty of a crime of the fourth degree.” In a unanimous opinion […]
We received the following call for abstracts: We are pleased to announce the Ninth Annual Consumer Law Scholars Conference will be held in Berkeley on Thursday and Friday, March 4-5, 2027! Please save the date! The purpose of the CLSC is to support in-progress scholarship, foster a community of consumer law scholars, and build connections with scholars in other disciplines who […]
Alexi Pfeffer-Gillet of Washington and Lee has written From Mutual Aid to Batched Plaintiffs: Arbitration’s Collective Roots and Procedural Future, 76 Emory Law Journal (2026). Here’s the abstract: Arbitration is spinning out of control. The seemingly innocuous private alternative to court has for decades been the primary battleground for consumers and employees with widespread claims […]