Category Archives: Uncategorized

Editorial: Congress should jump at chance to side with consumers

The Chicago Sun-Times urges "Congress should side with consumers, not with what it says in the fine print, and abandon its efforts to repeal the rule." Fine print has never been the friend of consumers, and in recent years the perils have escalated as financial institutions have drawn up clauses that deny customers effective redress […]

FDA has 6 inspectors for 3 million shipments of cosmetics

The New York Times reports that the Food and Drug Administration has warned Congress that it is frequently finding contamination, illegal ingredients and other problems in the soaring quantities of imported cosmetics, and that it has limited resources to inspect the shipments. The warning was part of a letter sent in late June to a […]

Still at work … CFPB warns companies against tricking consumers into expensive pay-by-phone fees

The Consumer Financial Protection Bureau today issued a bulletin warning companies about tricking consumers into expensive pay-by-phone fees. The CFPB is concerned about companies potentially misleading consumers about the purpose and amount of certain pay-by-phone fees or keeping them in the dark about much cheaper payment options. The bulletin also reviews guidelines to help consumer […]

Times: Consumers May Be More Trusting of Ads Than Marketers Think

Here.  The first three paragraphs read: The early results from a recent study that Kent Grayson, a Northwestern University marketing professor, did on consumer skepticism left him feeling a little, well, skeptical. So he ran the trials a few more times. Each time, when participants were asked what they thought of modern advertising techniques, they […]

Bizarre attack on CFPB director Richard Cordray by former Trump campaign head Corey Lewandowski

Former Trump campaign head Corey Lewandowski went on Meet the Press today. The host of the show, Chuck Todd, was questioning Lewandowski on the same things everyone else on the Sunday shows had been talking about: the failure of the republican controlled Congress to repeal the ACA, chaos and personnel turnover in the White House, the […]

20 State AGs Urge Congress to Protect Legal Rights of Victimized Consumers

A coalition of 20 Attorneys General sent a letter today urging U.S. Senate leaders not to repeal the Consumer Financial Protection Bureau’s Arbitration Rule, which stops companies from forcing consumers to sign away their legal rights. The press release of the Massachusetts Attorney General explains: The House recently passed a Joint Resolution of Disapproval that […]

Legislation introduced to overturn Second Circuit decision enforcing state usury laws

As we reported at the time, here, in 2015 the Second Circuit held that the National Bank Act, which preempts state usury laws regulating the interest a national bank may charge on a loan, does not preempt state usury law after the national bank has sold or otherwise assigned the loan to a company that […]

Internet Providers Have Standing to Protect Their Users’ Anonymity

by Paul Alan Levy This past spring, Twitter garnered significant attention, and widespread praise, for a lawsuit it brought against the Trump Administration this past spring to block enforcement of an administrative summons seeking to identify the owners of a Twitter account purporting to reflect criticisms by current employees in Customs and Border Control. The […]

“The Era of Tort Lawsuits Is Waning”

The Wall Street Journal, reporting on data compiled by the National Center for State Courts, reports that State restrictions, increasing cost, and a long campaign by businesses have discouraged plaintiffs from filing tort suits. Tort cases (primarily auto, medical malpractice, and product liability cases) declined from 16% of civil filings in state courts in 1993 […]

The continuing Rule 23 “ascertainability” wars

In recent years, federal courts have been addressing corporate class-action defendants' claims that the federal class-action rule (Rule 23) contains an rigorous "ascertainability" requirement — a supposed need for the plaintiffs to show, at the certification stage (rather than at the remedy phase), that they have a crackerjack method for identifying the class members with […]