Second Circuit rejects constitutional challenges to NYC broker fee law

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 […]

Bartholomew & Becher on AI Shopping Agents

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 […]

NJ Supreme Court Holds No Private Right of Action to Void Loan Contract

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 […]

Berkeley Consumer Law Scholars Conference Call for Abstracts

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 […]

Pfeffer-Gillet article on batched arbitration

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 […]

Has the CFPB found a backdoor way to force employees out?

Until recently, the CFPB had regional offices around the country, and of course, some employees were assigned to these offices. But according to Bloomberg Law’s Evan Weinberger, the Bureau has told the employees who worked at these offices that if they wanted to keep their jobs, they had only two weeks to decide whether they […]

Two federal courts invalidate administration’s attempt to politicize PSLF program

The Public Service Loan Forgiveness program provides non-profit and government employees a pathway for forgiveness of their federal student loans, recognizing the financial trade-offs associated with working in the public interest. In October 2025, the Department of Education issued a rule that would disqualify an employer from the PSLF program if the Secretary of Education […]

SCOTUS: FTC’s UDAP powers are “startlingly abstract”

From Trump v. Slaughter: “the FTC has the power to promulgate substantive rules that carry the force of law. In the consumer-protection realm, for instance, the FTC is tasked with giving content to the startlingly abstract idea of “acts or practices which are unfair or deceptive.” 15 U. S. C. §57a(a)(1)(B).” But here’s how Gorsuch […]