Over the past two weeks, the Department of Transportation has taken actions against several airlines for what the Department refers to as “chronically delayed flights,” suggesting violations of consumer protections. According to DOT, the airlines are effectively misleading customers as to the actual times of the flights, because these flights so infrequently depart at those […]
Author Archives: Adam Pulver
Under Missouri law, lienholders must release their liens within 5 days after payment in full of any moneys owed. According to the plaintiff in a putative class action, Santander Consumer violates this law by waiting fifteen days to send the title after a borrower pays off a car loan. After Santander removed the case, a […]
State and federal courts have concurrent jurisdiction over claims brought under the Fair and Accurate Credit Transactions Act (FACTA). But apart from the merits of a FACTA claim, state and federal courts have different requirements for standing. So when a defendant removes a FACTA action from state to federal court, but the claim does not […]
CashCall is a lender that makes unsecured, high-interest loans to consumers via a related company incorporated under the laws of the Cheyenne River Sioux Tribe. In 2022, the Ninth Circuit decided CFPB v. CashCall, in which it affirmed a district court’s finding, after a bench trial, that CashCall committed an unfair, deceptive, or abusive act […]
On Monday, the CFPB announced that it had sued Walmart and Branch Messenger for practices with respect to its “last-mile” delivery drivers. The suit alleges that Walmart and Branch opened Branch accounts for drivers, and Walmart then deposited drivers’ pay into these accounts, without the drivers’ consent. The suit also alleges Walmart told the drivers […]
The LA Times has published a December 5 letter from dozens of manufacturing and other industry trade associations to the incoming administration, providing a wishlist of “regulatory actions that will set the stage for industrial growth in the United States.” Although the list mostly demands a laissez faire approach to business, the coalition acknowledged “that […]
Earlier this month, the Department of Treasury’s Office of Inspector General issued a report on refund advance and refund transfer products sold to taxpayers, finding that nearly 16% of taxpayers used such products for the 2023 tax year– with nearly 80% of those taxpayers having worked with just 7 tax return preparation companies. The report […]
In September, I blogged about a Pennsylvania Supreme Court decision to review an intermediate appellate court decision holding that Uber’s “clickwrap” arbitration agreement was not enforceable under Pennsylvania law, as mutual assent was lacking based on the way it was presented to a user. Today, the New York Court of Appeals issued its own decision […]
The Sixth Circuit today vacated a district court’s certification of 10 classes relating to claims about Nissan’s automatic electronic braking systems. The court first held that the district court had inadequately considered commonality and predominance. It then went onto address a question that has divided the circuits over the past decade- whether expert testimony considered […]
Courts often grapple with the question of when an agency’s action is final for various purposes. And the answer can be different for different purposes–particularly since various statutory provisions related to judicial review use different words or phrases. For example, 47 U.S.C. s. 402 allows parties to seek review of certain FCC actions within “thirty […]