11th Circuit holds FCRA does not provide cause of action for disagreement over fraudulent charges

Shelly Milgram’s employee opened, in Milgram’s name, a credit card with Chase and ran up tens of thousands of dollars in debt–then illegally accessed Milgram’s bank accounts and used them to partially pay off the monthly statements. When the scheme was discovered (with the employee later convicted of fraud), Milgram reported the fraud to Chase […]

7th Circuit Holds Time and Money to Send Debt Validation Request Supports Standing

Yvonne Mack received a debt collection notice, referring to a US Bank credit card she had held. She was uncertain that the debt amount was accurate, and thus a submitted a request for validation of the debt via certified mail. She received no response. She then received a second debt collection notice. Confused, she went […]

“Chemical industry used big tobacco’s tactics to conceal evidence of PFAS risks”

The Guardian reports: “In 1953, a paper developed for cigarette maker RJ Reynolds detailed possible cancer-causing agents in tobacco, but the document would remain hidden from public view for decades. In the interim, the industry told the public: ‘We don’t accept the idea that there are harmful agents in tobacco.’ The chemical industry, it seemed, […]

Expressive use of marks dodges a bullet in the Supreme Court

Today’s Supreme Court decision in Jack Daniel’s v. VIP Products reverses the appellate decision below in a way that minimizes the possible damage to free speech interests that impelled Public Citizen and others to file amicus briefs in the case. It confines the decision to the narrow issue on which certiorari was granted, rather than […]

“GOP efforts to protect gas stoves only burn consumers”

An op-ed by Sierra Club’s Jessica Tritsch’s starts: “A reasonable person would think that reducing strain on our energy infrastructure, bringing down consumer utility bills and protecting the health of kids would be issues that had bipartisan support, yet Congress is considering a pair of bills that would ensure the opposite. The so-called Save Our Gas […]

“How Jury Grievance Reports Whitewash Corporate Misconduct”

The Center for Justice and Democracy has issued a report titled “Nuclear Fizzle: How Jury Grievance Reports Whitewash Corporate Misconduct and Dehumanize Victims.” Here is the brief summary: “Corporate lobby groups are issuing reports criticizing juries when their large corporate members lose cases (which we call “jury grievance reports”). Their focus is on what they […]

FTC refunds to consumers drop post-SCOTUS decision

The Federal Trade Commission reported this week on the refunds returned to harmed consumers in 2022 from its cases against bad actors that cheated, deceived, defrauded people out of their money. The agency’s press release also contained a sober message: refunds to consumers are dropping due to AMG Capital Management, LLC v. FTC, a 2021 […]

American Banker: CFPB enforcement actions plummet under Chopra

Kate Berry has the story here (behind paywall but available on Lexis). Excerpt: * * * The consumer watchdog has filed just five enforcement actions so far this year compared with 20 last year, which marked the second-lowest number on record; just 10 enforcement actions were brought in 2018 during the Trump administration. By comparison, […]

Mathew Higbee’s Client Rebels

A number of my first few tilts against the abusive copyright enforcement practices pursued by Mathew Higbee and Associates  involved, in part, the issue whether the posting of an inline deep-link to a copyrighted photograph constitutes copyright infringement.  Higbee insisted that the Ninth Circuit’s invocation of the “server test” to hold that such displays are […]

Opaque (formerly Dark) Patterns and Arbitration Opt Outs

Dark Patterns (I prefer calling them Opaque Patterns) have been drawing a lot of attention from consumer protection regulators in recent years. For those who are unclear on what they are, the FTC has defined them as “practices that trick or manipulate users into making choices they would not otherwise have made and that may […]