Jeffrey Bils, a UCLA law student, has published Fighting Unfair Credit Reports: A Proposal to Give Consumers More Power to Enforce the Fair Credit Reporting Act, in the latest UCLA Law Review Discourse. Here's a summary: Credit reports play a central role in some of our most important transactions, such as buying a house or car, or […]
Author Archives: PC Litigation Group Office Assistant
by Deepak Gupta I thought readers might be interested in a new appeal that my firm is handling in the Ninth Circuit, Moran v. The Screening Pros, concerning the state and federal regulation of background-check companies. You can read our opening brief here. The Consumer Financial Protection Bureau and the Federal Trade Commission have weighed in with an amicus […]
by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer — including this post on a recent column by Alison Frankel of Reuters. Today, Frankel has a new story about the case. This time, she writes about the […]
by Deepak Gupta Back in June, I blogged about my firm's constitutional challenge to New York's credit-card surcharge law — a law that aims to protect credit card company profits by preventing merchants from communicating the true cost of credit to consumers. This morning, U.S District Judge Jed Rakoff issued a fantastic 35-page opinion agreeing […]
by Deepak Gupta Legal reporter Alison Frankel of Reuters has a new column highlighting the effort to seek full-court rehearing of the Third Circuit's troubling decision in Carrera v. Bayer, which holds that plaintiffs must show, before they can certify a class, how they will identify and prove the class membership of consumers who purchased the defendant's product. […]
by Deepak Gupta As some of us predicted on the day it was filed, Judge Ellen Huvelle of the U.S. District Court in Washington has just dismissed for lack of standing an ideologically-motivated constitutional challenge to the Consumer Financial Protection Bureau's structure and authority, including a challenge to Rich Cordray's recess appointment. The case was […]
by Deepak Gupta This morning, the Eighth Circuit issued its decision in Charvat v. Mutual First, reversing the dismissal of two consumer class actions on constitutional standing grounds. The district court held that the plaintiff's claims — for violations of a federal law requiring on-machine notice of ATM fees — didn't allege an "injury in […]
I'm presenting at a few CLE programs over the next few days and I thought readers of the blog might be interested. The first can be accessed via phone; the other two will be at the American Association of Justice's Annual Convention in San Francisco: A one-hour phone briefing on American Express v. Italian Colors: Practical Implications […]
The confirmation was inevitable after this morning's deal and the vote just before noon, but it's official — Richard Cordray is the Senate-confirmed Director of the Consumer Financial Protection Bureau. The Senate has voted to confirm Richard Cordray as director of the Consumer Financial Protection Bureau, as senators approved the first of a batch of […]
It's actually happened. Via Bloomberg: The U.S. Senate advanced Richard Cordray's nomination to lead the Consumer Financial Protection Bureau under a compromise announced by Majority Leader Harry Reid, who said officials were working on final details. U.S. Senate Majority Leader Harry Reid, a Democrat from Nevada, said he thinks "everyone will be happy" with the […]