Author Archives: Allison Zieve

Supreme Court grants review in case about tribal lending

The Supreme Court on Friday granted review of a case that arises from a payday loan to a consumer from a corporate entity owned by a Native American tribe. The issue in the case is whether the Bankruptcy Code abrogates tribal sovereign immunity. Given the prevalence of internet-based payday lending affiliated with tribal lenders, the […]

CFPB proposes public registry of terms in form contracts

Today, the Consumer Financial Protection Bureau proposed a rule to establish a public registry of supervised nonbanks’ terms and conditions in “take it or leave it” form contracts that claim to waive or limit consumer rights and protections, like bankruptcy rights, liability amounts, or complaint rights. In some cases, terms and conditions in non-negotiable form […]

Meta (aka Facebook) is changing its ad algorithm to address charges that it facilitated housing discrimination

Meta is changing its ad distribution system, as required by a settlement with the US Department of Justice, to prevent discriminatory advertising in violation of the Fair Housing Act. The settlement, entered into last June, resolved a lawsuit filed in New York by DOJ last June, which alleged that Meta’s system allowed advertisers to exclude […]

Department of ED proposes plan for income-driven student-loan repayment

The Department of Education announced today a proposal to “to reduce the cost of federal student loan payments, especially for low and middle-income borrowers.” The Department says that the proposed regulations “would create the most affordable income-driven repayment (IDR) plan that has ever been made available to student loan borrowers, simplify the program, and eliminate […]

New tech products prompt privacy, consumer choice, and environmental concerns

The Washington Post reports that companies touting new tech products — including health wearables, smart TVs, autonomous vehicles, and other gadgets that rely on data from our bodies or homes — seldom directly address how they treat customer’s data after it’s collected or their approach to safety and security. The article is here.

“NYT exposed the ills of forced arbitration. It’s now a company policy.”

In an opinion piece in the Washington Post, Eric Wemple explains: A 2015 investigative series [by the New York Times] documented how such clauses have become increasingly common in many kinds of contracts, leaving consumers at the mercy of an arbitration regime often predisposed against their interests. Subsequent coverage, on both the news and editorial […]

Agencies announce plans for new rulemakings

On Wednesday, the Office of Management and Budget issued the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The Unified Agenda lists the regulations that each of the federal agencies are currently planning to work on. Among many other topics, the rules in progress include a Federal Trade Commission rule on children’s online privacy […]

FTC actions in December

The Federal Trade Commission made a few interesting announcements in late December: FTC Orders an End to Illegal Mastercard Business Tactics and Requires it to Stop Blocking Competing Debit Card Payment Networks (Dec. 23) – Mastercard will have to start providing competing networks with customer account information they need to process debit payments, reversing a […]

CFPB report finds that household financial health is declining

In late December, the Consumer Financial Protection Bureau released a report covering the financial health of American households. Here is the report summary: In 2022, consumer financial health continued to be buoyed by pandemic relief, high employment, and increased savings accumulated during the first year of the pandemic. But financial health was no longer as […]