Author Archives: Scott Michelman

Sens. Warren and Brown: regulatory changes shouldn’t conflate small banks, large banks

At a hearing on Capitol Hill last week, lawmakers from both parties expressed interest in exempting small banks and credit unions from new financial rules, reported the Wall St. Journal. But there must be a limit, warned two of the committee’s most pro-consumer voices: Sens. Sherrod Brown of Ohio, the top Democrat on the powerful […]

Battle over Obamacare contraception coverage continues

That last summer's decision in Hobby Lobby wasn't the end of the legal fight over what health care coverage the government could require businesses asserting religious objections to provide for their employees became clear just three days after the Hobby Lobby was handed down. In a brief order that drew a sharp dissent from three […]

More on privacy and technology: good news from California, bad news from Samsung

California is considering enacting a new law protecting its citizens from warrantless spying. The proposed California Electronic Communications Privacy Act has bipartisan backing, along with support from major tech companies and civil liberties groups. Read more here from Top Tech News. Meanwhile, Samsung's SmartTVs can spy on you, reports CNN Money. Read more here.

Second Circuit: classwide measure of damages not required for class certification

In a case we've discussed before about the wage/hour claims of a class of Applebee's workers, the Second Circuit today delivered an important victory today for class-action plaintiffs. The court held that the Supreme Court's 2013 decision in Comcast v. Behrend does not foreclose the certification of a class action where the plaintiffs' damages must […]

Another challenge to debtors’ prison practice, this time in Ferguson

Two weeks ago, we told you about a lawsuit challenging a Georgia county's practice of imprisoning individuals who could not pay court fees. Now, another lawsuit has been filed in the same vein. The location happens to be Ferguson, Mo., which in 2013 "collected $2.6 million in court fines and fees, mainly on traffic violations […]

Harvard law professor explains dangers of Congress’s decision to repeal a Dodd-Frank protection

When Congress, as part of a government-funding deal during the lame-duck session in 2014, repealed a key provision of the 2010 Dodd-Frank Wall Street reform bill, it removed an important protection against the consolidation of power in too-big-to-fail financial entities. What, precisely, did it do? Professor Mark Roe of Harvard Law (who, incidentally, taught my […]

$1.4 billion settlement over inaccurate credit ratings

Today, major credit rating agency Standard and Poor's agreed to pay almost $1.4 billion to settle a suit filed by the Justice Department accusing the agency of giving inaccurately high credit ratings for risky financial products in the lead-up to the 2008 financial crisis. Read more about it here. You can also read a DOJ […]

ACLU challenges modern-day debtors’ prison practice in Georgia

We blogged last year about courts that send people to jail for their inability to pay their court debts. Yesterday the ACLU sued DeKalb County, Ga., over this unconstitutional practice, undertaken in partnership with a private debt collection company. According to their press release, the ACLU charges that "DeKalb County and for-profit Judicial Correction Services […]