Author Archives: Adam Pulver

Seventh Circuit rejects takings clause challenge to renter-relocation-assistance requirement

In 2021, Chicago enacted the Keep Chicago Renting ordinance, which  requires those who purchase rental properties through foreclosure to (1) negotiate in good faith with existing tenants for a new rental agreement for at least one year, and (2) if the tenant does not sign a new lease, pay the moving tenant a $10,600 relocation […]

Tenth Circuit Finds “Objectively Verifiable” Requirement for FCRA Claims

Without his consent or knowledge, Robbin Ward’s daughter took out a lease in his name. She was later evicted for nonpayment, and the back-rent owed was transferred to a debt collector. The debt collector reported the debt to credit agencies, who noted it on Mr. Ward’s credit report.  Mr. Ward disputed the debt claiming identity […]

Seventh Circuit holds TCPA cause of action does not extend to text messages

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 […]

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 […]

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 […]

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 […]

Divided 11th Circuit Finds Browsewrap Arbitration Agreement Unenforceable

The last few years have had several decisions from state and federal courts of appeals addressing when “clickwrap” or “browsewrap” arbitration agreements are enforceable. “A clickwrap agreement requires a user to check a box or click a button to acknowledge acceptance of the agreement’s terms and conditions,” and “a browsewrap agreement contains hyperlinked terms, and […]

Education Department Finalizes New Student Loan Rules

The “One Big Beautiful Bill Act” rushed through Congress last year included a number of major changes to the federal student loan system. Many of those changes required rulemaking by the Department of Education (via a negotiated rulemaking process), and, today, the Department finalized one set of rules. The rules published today (1) implement OBBBA’s […]

NY Times Article on Exploitation of “No Surprises Act”

In 2020, Congress passed the No Surprises Act to protect medical consumers from surprise bills when they received emergency treatment, only to later discover the doctor did not accept their insurance. The Act established a process by which, rather than bill patients directly, out-of-network doctors and insurers would engage in mandatory arbitration. Today, the NY […]

Ninth Circuit recognizes that an impossible claim can still be deceptive

Alexander Panelli, a consumer who bought sheets that Target markets as “100% cotton” and “800 thread count” sued Target for violating California consumer law, alleging that the thread counts were actually much lower. In his amended complaint, he noted that it is “physically impossible for cotton threads to be fine enough to allow for 600 […]