Author Archives: Allison Zieve

Los Angeles sues Wells Fargo, Citigroup, and BofA for predatory lending

The LA Times reports: The city of Los Angeles accused banking giants Wells Fargo & Co. and Citigroup Inc. of a “continuous pattern and practice” of mortgage discrimination that led to a wave of foreclosures, reduced property tax revenue and increased costs for city services. In twin lawsuits filed in U.S. District Court, the city […]

Appellate court holds that TCPA does not preempt state ban on robocalls

The US Court of Appeals for the Seventh Circuit yesterday held that the federal Telephone Consumer Protection Act (TCPA) does not preempt Indiana’s state robocall ban. The TCPA regulates various telemarketing behavior and regulates the use of autodialers. The federal regulations allow robocalls for non-commercial purposes, but the Indiana law bans all robocalls made without […]

CFPB Takes Enforcement Action Against Payday Lender

The CFPB yesterday announced an enforcement action against payday lender Cash America International Inc. According to the CFPB's press release, Cash America will pay up to $14 million in refunds to consumers for robo-signing court documents in debt collection lawsuits, and will pay a $5 million fine for the robo-sgning and for destroying records in […]

Op-ed on Chief Justice’s statement regarding cy pres and other invitations from the Court

Linda Greenhouse had this interesting piece in the New York Times yesterday, about Chief Justice Roberts's "invitation" to cases challenging cy pres awards, as she describes the Chief Justice's statement (at p. 24 of the pdf) last week concerning the denial of the petiton for certiorari in Marek v. Lane–the cert petition about the cy […]

The Impact of Wal-Mart v. Dukes

In June 2011, the Supreme Court decertified a class action brought by women claiming that Wal-Mart underpaid and underpromoted its female employees throughout the chain. The Court's decision in the case, called Wal-Mart v. Dukes, was predicted to have significant effect on plaintiffs' ability to litigate Title VII discrimination cases on a classwide basis. Two […]

CFPB investigates eBay’s “Bill Me Later” Program

The Consumer Financial Protection Bureau has subpoenaed documents from eBay relating to its "Bill Me Later" financing service, which allows financing of purchases from many online stores, apparently over concerns that the finance charges imposed by "Bill Me Later" are excessive. The Wall Street Journal has details about the CFPB investigation.

Analysis of CFPB complaint database

In a recent analysis of complaints submitted to the Consumer Financial Protection Bureau about financial services, the consulting firm Deloitte found that mortgage-related issues are the basis for most of the 94,000 complaints posted so far and that customer misunderstanding is often the problem. The Washington Post has a short write-up of the findings and […]

Two Recent Decisions on Class Certification – One Devastating, One Practical

Consumers’ ability to address and seek redress for deceptive practices through private litigation is threatened by a recent decision of the Third Circuit Court of Appeals. In Carrera v. Bayer (like the FTC case discussed in the post below, a case about deceptive practices involving a dietary supplement), the court recently held that, if the […]