Author Archives: Scott Michelman

Expose about predatory retail chain and military consumers

USA Discounters, reports the Washington Post in conjunction with ProPublica, is a retailer that takes advantage of service members' transience and locks them into cycle of debt using a venue-selection clause in their contracts that permits the business to litigate against customers in southeastern Virginia, no matter where in the world those customers are stationed. […]

FTC and CFPB sue foreclosure-relief fraudsters

According to The Hill, The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) announced Wednesday they are taking action against dozens of companies that they allege falsely promised to help distressed homeowners prevent foreclosure and lower their monthly payments. Several state regulators joined the two federal agencies in suing more than 40 law […]

A non-disparagement clause ends peacefully

We’ve covered on the blog several examples of troubling non-disparagement clauses preventing consumers from speaking out about their bad experiences with businesses (for instance, see here and here). From our experience, these seem to be cropping up more and more. I’m pleased to report on a counterexample. The company Madwire Media, a marketing firm, used […]

Update from fracking country: Pa. audit finds lax environmental oversight

A report issued today by Pennsylvania's auditor general revealed the troubling (if not necessarily surprising) degree to which that state's Department of Environmental Protection has been outmatched by the pace of gas drilling in the state. The report, covering the period 2009-12, portrays a department that is both underresourced and slow or even unwilling to […]

(BREAKING) Fourth Circuit upholds health-care subsidies for federally-run exchanges

Just hours after a panel the D.C. Circuit held (over a dissent) that the ACA could be read just one way — to forbid health-care premium subsidies in health-care exchanges run by the federal government rather than a state — a panel of the Fourth Circuit (which covers the states of Maryland, Virginia, West Virginia, […]

(BREAKING) D.C. Circuit limits reach of health-care subsidies

In a 2-1 decision, a panel of the U.S. Court of Appeals for the D.C. Circuit has struck down an IRS rule providing subsidies for participants in health-care exchanges in states where the exchanges were established by the federal government, not the states. In other words, according to the court, although Congress intended that the […]

Whirlpool to Congress: protect us from class actions for misleading consumers

Manufacturers of home appliances (like Whirlpool) have been sued for misusing the EPA's "Energy Star" label to suggest that products were more energy efficient than they actually were. The industry response has been to try to get Congress to ban such suits. This quote from Shannon Baker-Branstetter of Consumers Union (the publisher of Consumer Reports) […]