Here. An excerpt: The arguments in Spokeo Inc. v. Robins et al. took the usual pattern of the four liberal justices arguing for a broad interpretation of the Fair Credit Reporting Act and standing to bring claims under Article III and the conservative justices appearing to seek to limit companies’ exposure to court proceedings. In the […]
Author Archives: Jeff Sovern
by Jeff Sovern Deepak posted earlier about the extraordinary Times story on arbitration. I have been studying arbitration for some time, and yet some items in the story were new to me. Though the entire article demands to be read, here are two especially revealing quotes: Since no government agency tracks class actions, The Times […]
So says the American Banker here. In particular, the bill would apply to student debt owned or guaranteed by the government.
Here. The entire essay is worth reading, but here's an excerpt to whet your appetite: The latest industry-sponsored bill would fundamentally change the structure of the CFPB by replacing the agency's single, independent director with a commission of political appointees. * * * [T]he agency is working, which may be exactly why the big […]
Robert H. Klonoff of Lewis & Clark has written Class Actions in the Year 2025: A Prognosis, Forthcoming in the Emory Law Journal. Here is the abstract: In this Article, I reflect on what the federal judiciary has done in recent years, and I attempt to predict what the class action landscape will look like […]
Christine Riefa of Brunel and Christiana Markou of the European University Cyprus have written Online Marketing: Advertisers Know You are a Dog on the Internet!, in Savin, Trzaskowski (Eds) Research Handbook on EU Internet Law (Edward Elgar 2014) 383-410. Here's the abstract: This piece explores the regulation of online marketing. The Internet has enabled advertisers […]
by Jeff Sovern Did Congress give the CFPB the power to ban or regulate arbitration clauses in consumer financial contracts? Not according to a Pepper Hamilton partner, according to a pair of recent reports. Here's an excerpt from a piece at credit.com. The CFPB’s Arbitration Ban Could Be the Next Supreme Court Showdown: “It comes down […]
Michael S. Barr of Michigan has written Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 New York University Journal of Law and Business (2015). Here is the abstract: Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts — for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These […]
by Jeff Sovern Here. The first paragraphs read: Defying the threat of a White House veto, the House on Wednesday afternoon passed bipartisan legislation to help homebuyers avoid delays and disruptions when closing on their new homes by a bipartisan vote of 303-121. The bill, the Homebuyers Assistance Act, provides a four-month grace period for businesses that […]