Author Archives: Allison Zieve

Regulatory matters in progress at CFPB and FTC

Federal agencies recently published their agendas of regulatory matters on which they expect to work from May 2013 through May 2014. (The July 3 publication is actually a delayed "spring" regulatory agenda.) The agenda of the Consumer Financial Protection Bureau is available here. It lists 8 regulations that the agency expects to finalize during the […]

FTC Testifies Before Senate about Unlawful Debt Collection

From today's FTC press release: The Federal Trade Commission told a U.S. Senate subcommittee that it continues to crack down on unlawful debt collection practices through an active program of vigorous law enforcement, education and public outreach, and research and policy initiatives. Testifying on behalf of the FTC before the Senate Committee on Banking, Housing, […]

FTC curbs abuses by major debt collector

The FTC announced yesterday that the "world’s largest debt collection operation, Expert Global Solutions and its subsidiaries, has agreed to stop harassing consumers with allegedly illegal debt collection calls and to pay a $3.2 million civil penalty – the largest ever obtained by the Federal Trade Commission against a third-party debt collector." The FTC's press […]

Alabama Supreme Court grants rehearing on whether brand-name drug co. can be held liable for inadequate labeling when patient’s Rx was filled with generic drug

In a blog post last June, we noted an Alabama Supreme Court ruling that a patient who took a generic version of a drug may sue a brand-name drug manufacturer for failing to warn about a drug’s risks. The court had reasoned that the brand-name manufacturer could have foreseen that a physician prescribing the brand-name […]

CFPB bans mandatory arbitration clauses in mortgage contracts

Although I am not able to find the announcement or the rule on the Bureau's website, Mondaq is reporting that the Consumer Financial Protection Bureau has issued a rule to implement Dodd-Frank's ban on mandatory arbitration clauses in mortgage contracts. The rule is available here. The rule implements changes required by Section 1414 of the […]

Sid Wolfe Steps Down as Director of Public Citizen Health Research Group

After 42 years as head of Public Citizen Health Research Group, Dr. Sidney Wolfe is handing the reins over to his deputy director Dr. Michael Carome, effective today. Sid founded the Group in 1971, with Ralph Nader. Under Sid’s direction, Public Citizen helped to have 25 dangerous drugs removed from the market and pushed the […]

Judge Approves Class Settlement over Sketchers’ Unfounded Claims

A federal judge in Kentucky approved last week a $40 million class-action settlement between Skechers USA Inc. and consumers who bought Skechers' toning shoes from August 2008 – August 2012. The Skechers' ads made unfounded claims that the shoes would help people lose weight and strengthen muscles. Consumers with approved claims will be paid up […]

Does a consumer lack standing to sue for injunctive relief in misrepresentation case when he knows the truth about the product?

Rebecca Tushnet’s 43(b) blog reports today on the recent district court decision in Mason v. Nature's Innovation, Inc. (S.D. Cal.). The plaintiff sued the manufacturer of a skin care product for injunctive relief, alleging claims under California consumer statutes and warranty claims based on misrepresentations on the product’s label and website. The court found that […]