This summer, I posted about two district court decisions that vacated the Department of Education’s rule that would impose a variety of ideological requirements for eligibility for Public Service Loan Forgiveness. The Department appealed those decisions to the D.C. and First Circuits. Yesterday, the Department moved to dismiss its appeal in the D.C. Circuit, meaning […]
Author Archives: Adam Pulver
After a health insurance plan told members that one of its employees had emailed a spreadsheet containing their sensitive health information to other plan members, the members sued on a variety of Idaho state law theories. The district court dismissed their claims, holding that the unauthorized disclosure of private information alone or the loss of […]
A fact pattern has been occurring more and more in the last few years. A consumer uses Google or another search engine to find a government agency or business’s phone number, and calls the first number that shows up asking for assistance, without realizing that number is not actually for the agency or business they […]
The Fair Credit Reporting Act allows persons to access a consumer’s credit report it they have a “legitimate business need for the information . . . in connection with a business transaction that is initiated by the consumer.” 15 U.S.C. § 1681b(a)(3)(F). In a case decided by the Ninth Circuit today in Bultemeyer v. CenturyLink, […]
A group of small stores filed thousands of demands for arbitration against Amex with the AAA, challenging Amex’s swipe-fee policies. The parties disagreed about what fees were due to AAA, and the AAA administrator made a determination that a $3,500 filing fee applied to each demand, with the stores responsible for $350 and Amex the […]
After more than five years of litigation, and more than a year after the district court certified a class in a TCPA consumer class action, Club Exploria, a timeshare company, moved to compel arbitration. The district court denied the motion, finding a waiver of the right to arbitrate. It then granted summary judgment to the […]
In 2016, ITT Technical Institute — a for-profit college that had engaged in aggressive and predatory marketing and lending tactics — collapsed. In 2020, three former ITT students brought a class action against a company that ITT had assigned its loan servicing responsibilities to, and related entities, alleging a conspiracy with respect to ITT’s loan […]
One diet promoted by influencers and others over the last few years is a “low-FODMAP” diet, which entails “strict reduction of all slowly absorbed or indigestible short-chain carbohydrates (ie, FODMAPs) followed by reintroduction of specific FODMAPs according to tolerance.” The diet is controversial. FDA regulations prevent food producers from labeling products based on their FODMAP […]
In August 2025, a divided panel of the Sixth Circuit denied an industry petition for review of a 2024 FCC rule imposing reporting requirements on telecommunications in the event of data breaches involving customers’ personally identifiable information. The industry had raised both arguments about the FCC’s statutory authority, and a 2017 Congressional Review Act disapproval. […]
A third appellate decision today about FDCA preemption….it’s definitely clerk turnover season! After studies started casting doubt on the notion that oral phenylephrine (oral PE) was an effective nasal decongestant, consumers across the country and a retail pharmacy sued drug manufacturers under the theory that the manufacturers had produced, marketed, and sold “nasal decongestants containing […]