Author Archives: Brian Wolfman

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 […]

Distracted driving kills thousands of people every year

According to the National Highway Traffic Safety Administration, more than 3100 people were killed in 2020 alone because drivers were distracted. A significant percentage of the problem is caused by cell-phone use while driving. We all see people texting while driving. Sending or reading a text can take the driver's eyes off the road for […]

Arbitration win for consumer plaintiff in the Supreme Court

A consumer plaintiff notched a rare Supreme Court win in a Federal Arbitration Act decision this morning, Morgan v. Sundance Inc. The first three paragraphs of Justice Kagan's unanimous opinion sum things up nicely: When a party who has agreed to arbitrate a dispute instead brings a lawsuit, the Federal Arbitration Act (FAA) entitles the […]

Attend a panel discussion on the FTC’s monetary authority in the wake of the Supreme Court’s AMG decision

Join the Washington D.C. ACS Lawyer Chapter for a discussion on the Supreme Court's decision in AMG Capital v. FTC. The panel discussion — a Zoom webinar — is on Thursday, May 26, 2022 from 12:30PM – 1:30PM ET. Register here. The panelists will discuss the background of the case, it's impact on the agency, […]