In 2024, the FTC finalized its “click-to-cancel” rule, which tried to make it as easy for consumers to cancel their enrollment in recurring subscriptions ias it was to sign up. In 2025, the Eighth Circuit vacated that rule on notice-and-comment grounds. Today, New York City’s Department of Consumer and Worker Protection proposed its own version […]
UC Berkeley School of Law is holding a symposium on surveillance pricing on Friday April 24 which will be both in person and livestreamed. Here’s the announcement: Spring 2026 California Law Review Symposium Surveillance Prices & Wages Friday, April 24, 2026 9:00am-4:30pm UC Berkeley School of Law Warren Room Reception to follow from 4:30-6:00pm Please RSVP by Friday, April […]
Brad Lipton of the Roosevelt Institute has written Statutory Hammers: Legislative Drafting in an Age of Cynical Litigation, Harvard Law School Journal of Legislation. Here is the abstract: Over the past decade, cynical litigation in our federal courts has fundamentally altered the operation of the administrative state. Agency rulemaking now unfolds against a backdrop of forum […]
Kalshi, the website that allows people to bet on pretty much anything, is engaged in a high-profile marketing and public affairs campaign to insist why it is *not* a gambling or betting site. One reason may be to avoid the stigma that surrounds gambling and the predatory nature of the industry. But another reason is […]
Last year, the Brooklyn Journal of Corporate, Financial & Commercial Law held an all-star symposium on debt, revolving around five recent books on the subject, including books by consumer law scholars Pat McCoy, Pamela Foohey, and Melissa B. Jacoby. The Symposium articles are now available, with pieces by Norman I. Silber, Edward J. Janger, A. […]
As we noted on April Fool’s Day, the CFPB has proposed to the court a dramatic cut in the CFPB staffing. If only it were in fact an Apri Fool. American Banker’s Kate Berry has more here. Bloomberg’s Evan Weinberger has this paragraph in his story on the proposal: The cuts may still be “draconian,” […]
On the Ballard Spahr Consumer Finance Monitor podcast: an interview with the NY Department of Financial Services’ Max Dubin, Chief of Staff to the Acting Superintendent of Banking. With the CFPB’s sidelining, state regulatory agencies have become even more important, and New York, aside from being a large market, may foreshadow what other states do.
The Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDA) sets a national standard for interest rates that state-chartered banks may charge on loans, preempting state laws that cap interest at lower rates. The statute expressly authorizes states to opt out of the national standard for “loans made in such State.” In 2023, Colorado announced […]
Last year, four consumers who were parties to arbitration agreements in which the sole choice of forum for dispute resolution was the American Arbitration Association sued the company under the Sherman and Clayton Antitrust acts, the Arizona Constitution, and state antitrust and unfair and deceptive practices laws. They alleged monopolistic practices, and that “the AAA […]
The proposal is here. It can’t go into effect until the preliminary injunction in the NTEU case is lifted. The administration claims the plan would “allow CFPB to continue meeting its statutory obligations while expanding on the reforms that have dramatically increased its efficiency and stewardship of taxpayer funds, in line with Presidential and Congressional […]