Author Archives: Adam Pulver

8th Circuit Allows Claims Against Hertz for Falsely Reporting Car as Stolen to Proceed

Over the past few years, there have been numerous stories of rental car company Hertz reporting customers as having stolen rental cars, when the cars were not stolen at all. In 2022, the company entered in a class action settlement covering 364 of these reported “thefts.” Today, the Eighth Circuit issued a decision in Wood […]

DDC judge vacates part of (Obama era) CFPB Prepaid Rule

March 31 was this weekend, and, as is customary in the D.C. federal district court, that meant a huge number of decisions over the last two weeks so judges could avoid appearing on the dreaded CJRA “six-month” list. In one such long-awaited decision, Judge Leon granted PayPal summary judgment in its challenge to a 2016 […]

States sue ED claiming targeted student loan relief is a “vote-buying scheme”

As many of us feared, those who support student loan debt have used the Supreme Court’s rejection of the Biden administration’s broad-based loan cancellation scheme to attack any debt relief offered by the Department of Education, regardless of statutory basis or how targeted it may be. Yesterday, in a rambling complaint including, for some reason, […]

Court partially vacates NJ law requiring multilingual credit-file disclosures

In 2019, New Jersey amended its state fair credit reporting act to require national credit reporting agencies to provide, upon request, credit file disclosures to New Jersey consumers in certain languages other than English. An industry association sued, alleging the statute was preempted by the federal fair credit reporting act, and violated the First Amendment. […]

Washingtonian Article on the Rise (and Fall?) of Ambiguous Restaurant Fees

Available here, the article explains the history of additional fees added by D.C. restaurants, the rationales given by supporters and defenders, and the status of enforcement and litigation efforts.

California Judge Threatens to Hold Student Loan Servicers in Contempt

In 2019, a group of former for-profit college students brought a class action against the Department of Education, based on the agency’s failure to rule on their applications for borrower defense relief to their loans–or anyone else’s–for more than a year. After years of litigation, the parties reached a settlement, which was approved in November […]

3rd Circuit on Scope of CFP Act and Ratification Post-Seila Law

Nearly a year after oral argument, the Third Circuit this morning released its opinion in CFPB v. National Collegiate Master Student Loan Trust. The case is a long-running enforcement action brought by the CFPB against investment trusts that were created for the purposes of acquiring and servicing student loans, seeking to enforce civil investigative demands. […]

Realtors Agree to Change MLS Policies

I’ve previously posted about consumer lawsuits across the country challenging various aspects of the Multiple Listing Service under unfair competition and antitrust laws. Today, the National Association of Realtors announced it had agreed to a global settlement of these cases. In addition to a payment of $418 million in damages, Realtors have agreed to get […]

Influencer/Governor sued for violating DC consumer protection law

On Monday night, South Dakota Governor Kristi Noem posted an….unusual video on X (nee Twitter)— a nearly five-minute post extolling the work done by cosmetic dentists at Smile Texas. The tone and content of the video struck many as an advertisement, but nowhere in the post was there an indication it was an ad or […]

CFPB Bans Excessive Credit Card Late Fees

Today, the CFPB released a final rule to ban excessive credit card late fees, closing what it refers to as a loophole in a 2010 Rule. The agency predicts typical fees will be reduced from $32 to $8.   Update: The Chamber of Commerce has already committed to filing a challenge to the Rule.