That’s one of the many issues raised by Seth Frotman & Brad Lipton’s short article in the California Law Review Online, The Greatest Trick John Roberts Ever Pulled: Convincing the World that Rigged Courts Are Neutral. Here’s some of what they say about disclosures: [T]he Roberts court has destroyed any justification for a disclosure-based consumer protection […]
Category Archives: U.S. Supreme Court
Jeff Overley has a report in Law360 (behind a paywall), Knives Out For Another Pro-Agency Landmark After Chevron, about how Consumers Research is seeking cert to bring its constitutional attack on the Consumer Product Safety Commission to the Supreme Court after even the Fifth Circuit upheld the CPSC’s constitutionality. CPSC commissioners can’t be removed without cause, […]
As I noted in yesterday’s post, Loper Bright preserves agency authority when Congress authorized the agency to exercise discretion. Loper Bright cited as an example of such a case Michigan v. EPA, in which, Loper Bright noted, Congress used a term or phrase that gives agencies flexibility, “such as ‘appropriate’ or ‘reasonable.” Now let’s look […]
Yesterday, the Supreme Court decided Loper Bright, in which it proclaimed that “Chevron is overruled.” But now we have to figure out what that means in particular contexts. One such context is federal consumer protection agency UDAAP statutes, like the FTC Act and Consumer Financial Protection Act. When those statutes give the agencies the power […]
From today’s decision in Coinbase, Inc. v. Suski. Longtime readers will recall the empirical evidence that consumers do not understand arbitration clauses and so, in my view, they have not “actually agreed” to arbitration clauses.
Here, by Investopedia’s Diccon Hyatt. I particularly like the quote from Dalie Jiminez.
Here, by Christopher Connelly at public radio station KERA
We have been asked to announce the following webinar (I am definitely looking forward to hearing this one): The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?A special webinar roundtable featuring analysis of the oral argument by several renowned attorneys who filed amicus briefs on all sides […]
Christine Kexel Chabot of Marquette has written The Founders’ Purse. Here’s the abstract: This Article addresses a new and impending war over the constitutionality of broad delegations of spending power to the executive branch. In an opening salvo, the Fifth Circuit held that Congress unconstitutionally delegated its power of the purse to the Consumer Financial Protection […]
Consumer Financial Protection Bureau, Consumer Law Scholarship, Federal Trade Commission, U.S. Supreme Court, Unfair & Deceptive Acts & Practices (UDAP), including Discrimination
If the Chamber of Commerce’s claim that discrimination isn’t unfair is correct, why does Student for Fair Admissions have “fair” in its name?
I am working on an article about the CFPB’s determination that discrimination is unfair, a claim that the Chamber of Commerce and banking trade groups are challenging in litigation. Consequently, I am collecting examples in which people used the word “fair” to mean “without discrimination,” or conversely, “unfair” to convey discriminatory conduct. A prominent example […]