In In re the Home Depot Customer Data Security Breach Litig.,the Eleventh Circuit has held that when a defendant agrees to pay class-action fees in a class-action settlement, in an amount to be determined by the district judge, separate from the fund set up by the settlement to compensate class members, the attorney's fee may […]
Author Archives: Brian Wolfman
That's the topic of Commissioning the Consumer Financial Protection Bureau by law prof Jolina Cuaresma. Here's the abstract: There has been much debate over the Consumer Financial Protection Bureau’s lack of executive and congressional oversight: its single director removable only for cause and its operations are not subject to appropriations. This paper explains how this […]
The National Association of Consumer Advocates has created this series of five videos on debt defense. The videos educate ordinary consumers on how to deal with debt collection. Click on the links or on the embedded videos below to watch all five videos. Consumers can get other debt-collection information from NACA here. 1. Dealing with […]
As you'll recall, the Affordable Care Act (ACA) significantly expanded Medicaid — the War on Poverty legislation that had, for decades, provided comprehensive medical insurance to (certain) poor people. Among other things, the ACA Medicaid expansion required state Medicaid programs to cover all adults with incomes below 133 percent of the federal poverty level. Before […]
The Sixth Circuit held today in Keen v. Helson that because the Real Estate Settlement Procedures Act's text gives a right to sue only to a "borrower," someone who signs the mortgage but does not sign the mortgage loan with the lender is not a "borrower" (and so can't sue under RESPA).
This Washington Post article by Faiz Siddiqui explains that "Tesla is racing to be first to the market with a self-driving car made for the masses, promising to send as soon as this year an over-the-air software update that will turn hundreds of thousands of its vehicles into robo-cars." Yet, "a dozen transportation officials and […]
Our readers will want to read the Ninth Circuit's decision in Blair v. Rent-A-Center, written by Circuit Judge William Fletcher. Judge Fletcher's intro paragraph sums up the decision nicely: In McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017), the California Supreme Court decided that a contractual agreement purporting to waive a party’s right to […]
Following up on our post a few days ago about the petition by #REPRESENT asking the Federal Trade Commission to investigate "surveillance scoring" — where retailers use consumer information collected by data brokers to figure out how much to charge individual customers. Go here to read #REPRESENT's press release. And go here, here, and here […]
The question presented in this brand-new cert petition is Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers.
Various consumer and health groups – including the Consumer Federation of America, the American Institute for Cancer Research, the American Public Health Association, Breast Cancer Action, the Center for Science in the Public Interest, and the U.S. Alcohol Policy Alliance — have called for the following warning on alcohol beverage labels: GOVERNMENT WARNING: According to […]