by Jeff Sovern Some reactions from Politico's Morning Money: TOP EMAIL from Richard Hunt, President & CEO of the Consumer Bankers Association: “Four debates and no Wall Street or bank bashing. Didn't see that coming.” * * * Cowen’s Jaret Seiberg: “Sec. Hillary Clinton and Donald Trump have now faced off in three presidential debates […]
Author Archives: Jeff Sovern
by Jeff Sovern The Ninth Circuit reversed the portion of the Facebook, Inc. v. Power Ventures, Inc., case at page 510 of our consumer law casebook, dealing with the CAN-SPAM Act, on the issue of whether the spam was materially misleading. Other portions of the decision, not reprinted in the casebook, were affirmed in part. The decision is reported […]
Here. Excerpt: Throughout history, Congress has had to step in to make corporations do the right thing. That’s why we have rules about working conditions. That’s why we have a minimum wage. And that’s why the CFPB was established to help with gaps in consumer protection. It was time to do something different. It was […]
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, […]
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, […]
. . . 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 […]
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 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 […]
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 […]
Here, about 7:30 in, starring the blog's own Brian Wolfman