Author Archives: Brian Wolfman

Feds aggressively using private law firms to collect student-loan debt

This article by Bobby Allyn discusses a program, begun by the Obama Administration in 2015, to step up use of private law firms to collect student-loan debt through federal-court lawsuits. The program apparently includes obtaining judgments and then placing liens on poor people's homes. Allyn's article focuses on law suits filed in federal court in Philadelphia, […]

Health insurance “reformers” run headlong into econ 101

This article by Jonathan Swan and David Nather about the republicans' continuing efforts to "repeal and replace" the Affordable Care Act starts with something that would be laughable if it weren't so serious: House Republican leaders are worried that a concession in the developing Trumpcare talks could make already anxious moderates run away from the bill. […]

Be wary of the accuracy of free online credit scores

Ya know how your credit card company now gives you your FICO credit score for free each month? And what about all those online companies peddling "free" credit scores? (They are sometimes free, sometimes not, and the companies are usually trying to sell you something else.) This article by Kenneth Harney explains that the credit score from […]

Read the white house financial (and prior employment) disclosures

There's been a good bit of news on the financial disclosures for the people who work in the Trump white house. Go here to read each employee's disclosure form. (Click on the pdf for each employee, listed in alphabetical order.) What hasn't gotten much news is that in addition to disclosing the value (with ranges) of […]

D.C. Circuit throws out Federal Communications Commission’s rule requiring senders of “solicited” faxes to provide recipients opt-out notices

The D.C. Circuit today issued a 2-1 decision in Bais Yaakov of Spring Valley v. FCC, which tossed a Federal Communications Act rule requiring senders of so-called "solicited" faxes to provide recipients notice of a right to opt-out. The first few sentences of Judge Kavanaugh's majority opinion provides an overview: Believe it or not, the fax machine […]

CFPB director Richard Cordray speaks to the Chamber of Commerce

This article (registration possibly required) by C. Ryan Barber covers an appearance yesterday by Consumer Financial Protection Bureau director Richard Cordray before the U.S. Chamber of Commerce in which, among other things, Cordray explained his views on regulating via across-the-board regulation versus individual enforcement action.

Sampling for Individual Damages in Class Action Litigation

That is the name of this article by Hillel Bavli and John Felter. It may be useful to counsel seeking class certification based on what is sometimes referred to as representative proof. Here is the abstract: The 2016 Supreme Court decision in Tyson Foods v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions.  Federal courts are […]

Trumpian Newspeak on climate change?

This article by Eric Wolff explains that "[a] supervisor at the Energy Department's international climate office told staff this week not to use the phrases 'climate change,' 'emissions reduction' or 'Paris Agreement' in written memos, briefings or other written communication." ("Emissions reduction." Now, there's a subversive phrase!) So, must they consult the Trumpian Newspeak dictionary to figure out what […]

Supreme Court issues decision in Expressions Hair Design v. Schneiderman

The Supreme Court today issued its decision in Expressions Hair Design v. Schneiderman. The cert petition posed the question in the case this way: Ten states have enacted laws that allow merchants to charge higher prices to consumers who pay with a credit card instead of cash, but require the merchant to communicate that price difference […]