Author Archives: Brian Wolfman

The Revolving Door Between Industry, Congressional Staffs, and Regulatory Positions

Read this piece by Jessie Eisinger of ProPublica. Eisinger begins by noting that there's a lot of discussion about the revolving door between industry and agency appointees. He refers to one instance that's gotten a lot of press: Mary Jo White's appointment to head the SEC. Aftter serving "as a tough United States attorney," Eisigner […]

Are There Common Threads in Financial Scandals That Harm Consumers?

As explained here (an interview with one of the authors), law professors William Bratten and Adam Levitin think so. The full article is here. Here is the abstract: Three scandals have reshaped business regulation over the past thirty years: the securities fraud prosecution of Michael Milken in 1988, the Enron implosion of 2001, and the […]

Case About Virignia Freedom of Information Act “Citizens-Only” Restriction to be Argued Today in the Supreme Court

This morning the Supreme Court will hear argument in McBurney v. Young, which presents the question whether under the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution a state may limit the right of access to the state's public records to its own citizens. We have […]

Big Tobacco and Anti-Tobacco Team Up Against Health Care Act Smokers’ Surcharge

In this article, Sarah Kliff explains that the big tobacco companies and certain anti-cancer groups are allied against a provision in the Affordable Care Act that allows health insurers to charge 50% higher premiums to smokers. (In real terms, the 50% smokers' surcharge could be much higher because the Act also bars government subsidies to […]

More on the FTC’s Study of the Credit Reporting Industry

We've posted ( here, here, and here) several times on the new FTC study on the credit reporting industry showing that millions of Americans' credit reports are wrong, many seriously wrong. Now, take a look at this piece by David Lazarus. It provides a couple examples of how faulty credit reports harm consumers. He also suggests […]

Do Car Rental Companies Charge Customers for Vehicle Damage that the Customers Didn’t Cause?

That's the topic of this article by consumer journalist and advocate Christopher Elliot. The article caught my eye for two reasons. First, it's fairly in-depth consumer journalism that used to be commonplace. The writer investigates and reports on a possible consumer rip-off, suggesting what might be done about it and, in the meantime, warning consumers […]

The Affordable Care Act’s Medical Loss Ratio Rule’s Application to Medicare Advantage and Prescription Drug Plans

One of the key components of the new Affordable Care Act is its medical loss ratio rule. The rule seeks to control health care costs by requiring medical insurers who don't spend at least 80 to 85 percent of their premium earnings on health care — rather than on marketing and administrative expenses — to […]

The relationship, if any, between economic deregulation and consumer benefit

by Brian Wolfman We have posted before on the large decline in airfares in light of the 1978 Airline Deregulation Act. (See also the chart to the right, and click on it to enlarge.) But, in this piece, David Lazarus questions whether economic deregulation ever brings consumers lasting benefit. He worries about the just-announced U.S. […]

Senator Warren Gets Tough With Regulators, Says Banks Should Not Be Seen as “Too Big for Trial”

by Brian Wolfman This article by the Consumerist's Chris Morran explains that, in her first Senate Banking Committee hearing, senior Massachusetts Senator Elizabeth Warren "grilled a panel of regulators on their tendency to settle with law-breaking banks rather than go to trial. … Sen. Warren explained her stance that if banks reap billions of profits […]

States Join Separation-of-Powers Suit Against the CFPB

Remember the Big Spring suit? That's the case challenging various provisions of the Dodd-Frank Wall St. reform law, including the legality of the Consumer Financial Protection Bureau, on separation-of-powers grounds. That suit includes, but is by no means limited to, a challenge to Richard Cordray's appointment as CFPB director as an impermissible (non-)recess appointment. The […]