Author Archives: Scott Nelson

Ninth Circuit Holds National Banks Must Comply With State Laws Requiring Interest on Mortgage Escrow Accounts

National banks have long argued for broad preemption of state laws that would otherwise apply to their activities, and their federal regulator, the Office of the Comptroller of the Currency (OCC) has often gone along. In an important decision issued Friday, the U.S. Court of Appeals ruled that preemption is more limited than the banks […]

Senators Blast Education Department Inaction on Loan Forgiveness

Senators Elizabeth Warren and Dick Durbin today issued a report giving Betsy DeVos and the Department of Education a failing grade on their handling of claims for loan forgiveness from students defrauded by for-profit colleges and trade schools. Fourteen other Democratic Senators joined Warren and Durbin in a letter calling on the Department to take […]

Equifax and Arbitration

by Scott Nelson     As Jeff noted earlier this morning, Equifax's offer of "complimentary" enrollment in "TrustedID Premier" to people potentially affected (and even people that it doesn't identify as potentially affected) by its data breach came with a catch: The TrustedID Premier terms and conditions include an arbitration clause and class action ban. The terms […]

Oops: Equifax Cyberbreach Exposes Personal Data

By Scott Nelson The nation's three big credit-reporting companies have tremendous power over American consumers and collect the most sensitive data about us. With that great power should go great responsibility to protect that information. Now comes news, via CNN, that one of the big three, Equifax, discovered on July 29 that between May and […]

Arbitration, Concerted Action, and the Gig Economy

Those who follow the arbitration wars probably know that the upcoming Supreme Court term will kick off with an epic battle in those wars–literally. The first argument on the first Monday in October will be in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil Corp.. The […]

“Bargainista” Advises: Claim Your Class Action Settlement Funds

The "Bargainista" columnist for the on-line news site, a USA Today affiliate focusing on Florida's Treasure Coast, commonly covers subjects such as the availability of "mooncakes" at Denny's on eclipse day, the supply of pretzels at the Wawa convenience store chain, and special deals available on "holidays" like National Fajitas Day, National Bowling Day, National […]

More Analysis of Santander

The National Consumer Law Center (NCLC) has a useful discussion here on the implications of this week's Supreme Court decision in Henson v. Santander Consumer USA. NCLC's principal point is that Santander leaves open the possibility of proving that a debt buyer is a debt collector under the FDCPA's alternative definition, under which the term includes anyone whose […]