Author Archives: Brian Wolfman

More on the FTC’s proposed rule on “click to cancel” subscriptions and memberships

Allison posted a couple days ago on the FTC’s proposed rule on “click to cancel” subscriptions and memberships. Relatedly, Michele Singletary at the Washington Post has this useful piece on the topic. Here’s a little excerpt that describes the practices targeted by the FTC proposal and why those practices can be bad: With a negative-option membership […]

Can downstream creditors collect deficiency judgments on mortgage loans a decade or more after the foreclosure?

The question in the case, Santos v. Yellowfin Loan Servicing Corp., No. 22-0910 (Tex. S. Ct.),  is whether a claim to collect a deficiency judgment on a second mortgage accrues when that judgment is entered or whenever in the future the lender (or its successor in interest) decides to “accelerate” the original mortgage loan. Lenders […]

Are there dangerous levels of heavy metals in your favorite chocolate bar?

Read this December 15, 2022 article in Consumer Reports, titled “Lead and Cadmium Could Be in Your Dark Chocolate,” which found, based on product testing, “dangerous heavy metals in chocolate from Hershey’s, Theo, Trader Joe’s and other popular brands.” (The article also found that other products are safer.) Two class actions have been filed against Trader Joe’s […]

Stunning Fifth Circuit decision invalidates CFPB’s payday lending rule, holding that the agency is “unconstitutionally structured”

Read the opinion. The court summarized its ruling this way: Community Financial Services Association of America and Consumer Service Alliance of Texas challenge the validity of the Consumer Financial Protection Bureau’s 2017 Payday Lending Rule. The Plaintiffs contend … that the Bureau is unconstitutionally structured. [We agree with the Pplaintiffs that] Congress’s decision to abdicate […]

The Search for Strategies to Reduce Medical Error and its relationship to tort law and regulation

In his essay The Search for Strategies to Reduce Medical Error, law prof Robert Rabin reviews Closing Death’s Door: Legal Innovations to End the Epidemic of Healthcare Harm, by Michael J. Saks and Stephan Landsman, which considers the policy strategies for reducing medical error. Rabin then places Saks and Landsman's work in the context of […]

The National Consumer Law Center is hiring a LITIGATION DIRECTOR

Job is for the Boston or D.C. Office. Here's the announcement: Director of Litigation opportunity at the National Consumer Law Center The National Consumer Law Center, the country’s preeminent advocate for low-income consumers, proudly traces its roots to the 1960s “War on Poverty” in its work as a support center for legal services offices. NCLC’s […]