Author Archives: Brian Wolfman

Did GM’s failure promptly to recall defective cars constitute state-law consumer fraud?

The Arizona attorney general sued GM today saying just that. Read about the suit here. An excerpt: Arizona's attorney general has sued General Motors Co. for failing to recall millions of cars and trucks with safety defects the auto giant did not disclose for years. The lawsuit seeks potentially billions of dollars in fines. Attorney […]

Federal regulators demand that the Takata airbag recall go nationwide

The AP reports that The federal government is demanding that the auto industry recall millions of additional cars equipped with faulty air bags that can injure — and even kill — a driver. The action Tuesday by the National Highway Traffic Safety Administration [NHTSA] covers driver's side air bags equipped with inflators made by Takata […]

What will the CFPB do on mandatory pre-dispute arbitration?

That's the topic of Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments by law professor Louis Del Duca. Here is the abstract: Judicial precedent with regards to mandatory pre-dispute arbitration agreements has given such clauses substantial protection, resulting in their widespread inclusion in boilerplate contract language. However, recent findings and assertions from […]

Why didn’t the bank that issued my credit card tell the credit reporting companies that my credit-card debt was discharged in bankruptcy?

Please read this Deal Book article by Jessica Silver-Greenberg. Here's a bit of it: In the netherworld of consumer debt, there are zombies: bills that cannot be killed even by declaring personal bankruptcy. Tens of thousands of Americans who went through bankruptcy are still haunted by debts long after — sometimes as long as a […]

Short essay on tolling (or not) in securities class actions

Law professor Linda Mullenix has written this short essay on the Supreme Court's aborted effort to decide whether the American Pipe tolling rule applies to certain securities class actions. Here is the abstract: This article analyzes and comments on the Supreme Court appeal in Public Employees’ Retirement System v. IndyMac MBS, Inc., No. 13-640, which […]

The third edition of the National Association of Consumer Advocates’ class-action guidelines

As reported earlier on this blog by Steve Gardner, the National Association of Consumer Advocates (NACA) has published the third edition of its Standards and Guidelines for Litigating and Settling Class Actions. Take a look at Steve's excellent post, which explains why the guidelines are worth reading. I want to let our readers know that […]

CFPB issues report on debt-collection complaints of older Americans

The Consumer Financial Protection Bureau today issued a report entitled A snapshot of debt collection complaints submitted by older consumers. Among the report's findings are . . .    ·         Collectors hounding older Americans about medical debt: Older Americans describe being confused and frustrated because collectors attempt to collect medical expenses while the consumer is […]

Supreme Court holds oral argument in Jesinoski v. Countrywide Home Loan

The Supreme Court held oral argument yesterday in Jesinoski v. Countrywide Home Loan, a case potentially important to consumers and their advocates. The question presented is Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 [of the Truth in Lending Act] by “notifying the creditor” in […]