Author Archives: Allison Zieve

House holds hearing on bill to limit consumer remedies against credit reporting agencies

The House of Representatives Financial Services subcommittee is holding a hearing this morning on HR 2359, entitled the "FCRA Liability Harmonization Act," which would reduce consumer remedies for credit reporting abuses. It would impose a $500,000 cap on damages in class actions brought under the Fair Credit Reporting Act and eliminate punitive damages in individual […]

DeVos deregulating for-profit colleges

Politico reports that, seven months into the Trump administration, Department of Education Secretary DeVos has: — Moved to gut two major Obama-era regulations reviled by the industry that would have cut off funding to low-performing programs and made it easier for defrauded students to wipe out their loans; — Appointed a former for-profit college official, […]

Wells Fargo reports up to 1.4 million more fake accounts

Wells Fargo now says it has found a total of up to 3.5 million potentially fake bank and credit card accounts, up from its earlier tally of approximately 2.1 million. The additional fake accounts were discovered by a previously-announced analysis that went back to January 2009 and that reviewed the original May 2011 to mid-2015 […]

Last chance to weigh in on FCC’s net neutrality roll-back

A Washington Post column reminds us: "Today marks your final opportunity to submit comments to federal regulators who want to undo the government's net neutrality rules for Internet providers, in a move that could have sweeping implications for the future of the Web. The push to weaken or eliminate the rules has been met with praise from […]

City settles consumer protection case, secures injunction to ensure consumers’ consent to recurring payments

Beachbody, one of the world’s largest sellers of exercise videos, supplements, and weight-loss programs, has agreed to change its website and sales practices to better protect consumers. The Santa Monica-based company, which claims over 23 million customers, also will pay $3.6 million in penalties and restitution as part of a final court judgment. The judgment […]

Court holds that plainitff can’t win a false advertising case unless all experts agree about falsity

Professor Rebecca Tushnet on her 43(B)log has an interesting and thorough discussion today of a recent court decision in a false advertising case, Korolshteyn v. Costco Wholesale Corp. (S.D. Cal. Aug. 23, 2017): Costco’s TruNature Gingko labels represent that the product “supports alertness & memory,” that “Gingko biloba can help with mental clarity and memory,” […]

Consumer protection at risk from regulatory “reform”

The president of KidsandCars.org, Janette Fennell, explains: "Under the guise of 'reform,' a bill called the Regulatory Accountability Act (RAA) would add a maze of additional bureaucracy to the life-saving protections. Instead of making it easier to implement protections, the RAA is a recipe for more red tape and additional layers of bureaucracy in a […]

“Under Trump Rule, Nursing Home Residents May Not Be Able To Sue After Abuse”

NPR reports on the Trump Administration proposed rule to allow nursing homes to require new residents to agree to arbitration as a condition of admission. A rule issue under the Obama Administration barred nursing homes forced arbitration agreements for nursing homes, leaving it to the two sides to decide whether they preferred court or arbitration […]

CFPB director Cordray’s op-ed in the NY Times

Consumer Financial Protection Bureau Director Richard Cordray has an op-ed in the New York Times today, explaining the importance of the CFPB rule barring class-action bans in forced arbitration provisions.His conclusion: "A cherished tenet of our justice system is that nobody should escape accountability for breaking the law. Our rule restores consumers’ legal right to […]