Author Archives: Scott Michelman

FTC sues weight-loss company for use of non-disparagement clauses, among other violations

The FTC announced yesterday that it sued weight-loss company Roca Labs in federal court in Florida for making unsubstantiated claims about its products then trying to silence critics using a non-disparagement clause followed up by threats (a subject we've covered numerous times on this blog, see, e.g., here and here). The FTC's press statement explains: In a […]

Report chronicles modern debtors’ prisons in New Hampshire

You might assume, based on our prior discussions of lawsuits over modern day debtors' prison practices in Georgia and Missouri (see here and here) that the practice of jailing people who can't pay court fines and fees is confined to the South. An ACLU report last week discussing practices in New Hampshire shows otherwise. Among […]

Ralph Nader opens American Museum of Tort Law

A timely counterweight to the troubling political movement to roll back regulations that protect public safety, the American Museum of Tort Law opened in Winsted, Connecticut this past weekend. As the NYT describes, The museum aims to describe the evolution of the law regarding negligence and liability, and it features some of the most groundbreaking […]

EU ruling could have major implications for technology and privacy

The BBC reported Wednesday that "An opinion issued by the European Court of Justice says that current data-sharing rules between the 28-nation bloc and the US are 'invalid.' The decision could affect other tech firms' abilities to send Europeans' information to US data centres." Although the ruling is not final, the BBC explains that the ruling […]

CFPB and DOJ announce $27m discriminatory lending settlement against Hudson City Savings Bank

From a CFPB press release today: Today, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) announced a joint action against Hudson City Savings Bank for discriminatory redlining practices that denied residents in majority-Black-and-Hispanic neighborhoods fair access to mortgage loans. The complaint filed by the CFPB and DOJ alleges that Hudson City […]

EPA: Volkswagen blowing smoke about clean diesel cars

The Post reports: In ads, Volkswagen touted its popular Jetta and Beetle diesels as paragons of clean-fuel technology: Buyers were promised a car that was “clean, fuel efficient, and powerful,” according to one 2013 testimonial. In reality, the claims were based in part on a clever ruse, U.S. officials alleged on Friday. For at least […]

Who Gets To Benefit From Bankruptcy Protection?

by guest blogger Rachel Clattenburg of Public Citizen Litigation Group Last week, NPR’s Morning Edition described Chapter 11 bankruptcy as one of our economy's “secret weapons.” The story focused on an appliance business in Charlotte, N.C., which was saved after filing for Chapter 11 bankruptcy. The story credits Chapter 11—the Chapter generally used by businesses […]

Can Grocery Carts Steer Consumers To Healthier Purchases?

…is the title of an NPR report this morning discussing what happens what experimenters taped off a portion of consumers' grocery carts and labeled it "fruits and vegetables." The results tell us as much about marketing and the power of suggestion as they do about how health-conscious grocery stores might try to nudge their consumers. […]

Ninth Circuit: no private right of action to enforce video privacy law’s bar on data retention

In Rodriguez v. Sony Computer, a consumer sued Sony for keeping his personal information that he entered on his PlayStation past the one-year limit provided in the federal Video Privacy Protection Act, and sharing that information between Sony entities. (The Ninth Circuit provides interesting historical context for the VPPA: "The Act was promulgated in 1988 […]