Author Archives: Jeff Sovern

Which Consumer Law Tweeters Do You Follow?

by Jeff Sovern I find Twitter a useful source of information on a wide variety of topics. I'm curious to know whom people follow in the area of consumer law.  Sources I find helpful (in no particular order): David Dayen, Mathew Bruckner, Financial Services (Dems on the House Financial Services Committee), Consumer Reports, Ted Frank, […]

SCOTUS Takes FDCPA Case

The case is Midland Funding, LLC v. Johnson.  SCOTUSBlog describes the issues as: (1) Whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act; and (2) whether the Bankruptcy Code, which governs the filing of proofs of claim in bankruptcy, […]

Excellent Analysis of the DC Circuit CFPB Decision . . .

. . .  from Adam Levitin at Credit Slips.  I don't usually link to Credit Slips, on the theory that most of our blog readers also read that blog, but this post was too good not to link to. It will be interesting to see if this decision does indeed take the wind out of the […]

Consumer Clinical Law Professors Comment on CFPB’s Arbitration Rule

by Jeff Sovern I meant to post this a long time ago, but then I got caught up teaching an intensive class, followed by an overload and didn't get to it. Anyway, here is a comment on the CFPB's proposed arbitration rule posted by law professors teaching consumer law clinics (we had previously covered a law […]

Richard Marcus Article: Optimism about Class Actions in the 21st Century

Richard Marcus of Hastings has written Bending in the Breeze: American Class Actions in the Twenty-First Century, 65 DePaul Law Review (2016). Here's the abstract:: It is always better to have the breeze at your back, but that surely has not recently been the case for class action proponents. At the risk of overstating, there is […]

Wells Fargo Debacle Increases Visibility of Arbitration Clauses in National Politics

Hillary Clinton gave a speech today in which she hit Wells Fargo's use of arbitration clauses, among other things.  Some excerpts: [T]he Wells Fargo scandal shed light on another threat to consumers that we have to address. When the scams victims, people like you and me who had accounts there tried to sue, they were […]

LA Times: Republicans say there’s another villain in the Wells Fargo scandal

by Jeff Sovern Here.  The article reports GOP criticism of the CFPB in connection with the Wells scandal. Excerpt: “Why does it take the L.A. Times to break this story, when we’re paying federal investigators to investigate?” [House Financial Services Committee Chair Jeb] Hensarling recently told Fox Business Network. “Where was the CFPB? Why did they […]

Media Reports on How Wells Fargo’s Arbitration Clauses Might Block Consumers from Obtaining Compensation

Here is the Consumer Reports story.  Excerpt: If a bank employee opens fake accounts and credit cards in your name, as recently happened at Wells Fargo, you may be charged fees for those fake accounts, which you didn't pay because you didn't know the accounts existed. And since you didn't pay those fees, your credit report […]