Category Archives: Uncategorized

New CFPB bulletin: Detecting and Preventing Consumer Harm from Production Incentives

In the wake of the Wells Fargo scandal, the Consumer Financial Protection Bureau has issued a bulletin warning banks that creating incentives for employees and service providers to meet sales and other business goals can lead to consumer harm. "Tying bonuses or employment status to unrealistic sales goals or to the terms of transactions may […]

The future (or not) of the CFPB’s arbitration rule

Law prof David Noll has written The CFPB's Arbitration Rule: The Road Ahead. Here is the abstract: In May 2016, the Consumer Financial Protection Bureau announced that it intended to exercise its authority under the Dodd-Frank Act to bar consumer financial companies from invoking pre-dispute arbitration agreements to block consumer class actions. This comment considers the […]

Federal court in Texas preliminarily enjoins new Obama Administration overtime rule

We have blogged several times (for instance, here and here) about the new U.S. Labor Department rule that significantly raises the pay threshold that triggers exceptions to the general rule that workers must be paid 1.5 times their ordinary pay for every hour they work over 40 per week. In plain English, that means overtime pay for […]

Mega-mergers, consumer well-being, and high-priced expertise

That's the topic of These Professors Make More Than a Thousand Bucks an Hour Peddling Mega-Mergers, a ProPublica piece by Jesse Eisinger and Justin Elliott. The sub-title of the piece summarizes its thesis: "The economists are leveraging their academic prestige with secret reports justifying corporate concentration. Their predictions are often wrong and consumers pay the price." […]

Trump University Settlement Underscores the Need for Forced Arbitration Ban in Higher Education

MarketWatch has a new article explaining why forced arbitration provisions have keep students at for-profit colleges from "get[ting] a Trump University-type outcome" when the students have alleged that their schools have defrauded them. The article also discusses the Department of Education's new rule cutting federal funding to schools that use forced arbitration provisions with their […]

Times Article Shows How Business Uses Science to Deceive Consumers: “Doubt is our product.”

From an op-ed in today's Times, Climate Change in Trump’s Age of Ignorance, by Robert N. Proctor (behind paywall): [S]science was one of the instruments used by Big Tobacco to carry out its denial (and distraction) campaign. Cigarette makers had met at the Plaza Hotel in New York City on Dec. 14, 1953, to plan […]

Trump University lawsuits settled for $25M

Associated Press reports: New York's attorney general says President-elect Donald Trump has agreed to a $25 million settlement to resolve three lawsuits over Trump University, his former school for real estate investors. The deal announced Friday by Attorney General Eric Schneiderman would settle two class-action lawsuits in California and a civil suit filed by Schneiderman. […]

CFPB request for information regarding consumer access to financial records

The Consumer Financial Protection Bureau has announced a request for information regarding consumer access to financial records: The Dodd-Frank Wall Street Reform and Consumer Protection Act provides for consumer rights to access financial account and account-related data in usable electronic form. The [CFPB] is seeking comments from the public about consumer access to such information, including […]

CFPB reviews servicemember complaints related to mortgage refinancing

Since the Consumer Financial Protection Bureau began accepting mortgage complaints in 2012, it has received more than 12,500 mortgage complaints from servicemembers, veterans, and their families. In a new report, the CFPB reviews and analyzes about 1,800 of those complaints related to mortgage refinancing. The report finds that veterans complain that "the solicitations and advertisements they […]