Author Archives: Brian Wolfman

Adam Levitin: “The Miscalculations Underlying Miller & Zywicki’s Payday Loan Paper”

Over at Credit Slips, law prof Adam Levitin has posted The Miscalculations Underlying Miller & Zywicki’s Payday Loan Paper. The beginning of Levitin’s post will give you a sense of it: Earlier this month Professors Todd Zywicki and Thomas Miller, Jr. wrote an op-ed in the Wall Street Journal arguing against payday loan regulation, based […]

Diversity at the Federal Reserve is related to lending practices

Read Board Diversity Matters: An Empirical Assessment of Community Lending at Federal Reserve by profs Brian Feinstein, Peter Conti-Brown, and Kaleb Nygaard. Here is the abstract: This working paper shows that the increased presence of minority directors on the twelve regional Federal Reserve Banks — the quasi-governmental entities responsible for evaluating many commercial banks’ lending […]

Ninth Circuit says BMW can’t force arbitration based on arbitration clause in purchase agreement between the consumer and the car dealership

Here's the first paragraph of yesterday's decision in Ngo v. BMW North America In 2012, Kim Ngo bought a new BMW 535i sedan from Peter Pan Motors, Inc, a car dealership. Because the dealership financed Ngo’s purchase, they entered into a purchase agreement which contained an arbitration clause. As a result of alleged defects with […]

Article on Article III standing, Spokeo, and TransUnion

Law prof Elizabeth Earle Beske has written “Charting a Course Past Spokeo and TransUnion.” Here’s the abstract: The Supreme Court’s 5-4 decision in TransUnion LLC v. Ramirez has dramatically upended standing doctrine, apparently out of concern that any other move will invite congressional manipulation and give rise to even greater evils. The Court has done […]

CFPB orders tech giants to turn over information on their payment systems

The Consumer Financial Protection Bureau has ordered Amazon, Apple, Facebook, Google, PayPal, and Square to turn over information on their payment system plans. The orders look like this. The agency's press release begins this way: Today, the Consumer Financial Protection Bureau (CFPB) issued a series of orders to collect information on the business practices of […]

In consumer class action against Walmart, Eighth Circuit holds that right to enforce arbitration agreement was waived by Walmart’s litigation conduct

Here's how the Eighth Circuit, in its brand-new decision, McCoy v. Walmart, described the merits of the consumer class action before it: "Debbie McCoy purchased Walmart gift cards as Christmas presents. The cards turned out to be worthless, however, because one had been deactivated and the other had no balance remaining. McCoy, seeking to represent […]