NPR's Marketplace reported this morning: In the last few years, there's been such a spike in drug coupons, pharmaceutical companies have barely been able to print them fast enough. Coupons help patients shoulder the cost of expensive prescriptions, but a new paper out in the New England Journal of Medicine finds certain coupons are also […]
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On Tuesday, we posted here and here about the D.C. Circuit's decision in PHH Corporation v. CFPB, which held that the CFPB's governing structure is unconstitutional because its director is too independent of the President — the CFPB is an independent agency run not by a multi-member commission (the members of which serve as checks on one another), but by one […]
by Paul Alan Levy Profile Defenders, which has been linked to a pattern of defrauding courts to get material removed from the Internet altogether or, at least, suppressed in search engine results, has refused to comment directly on the spate of articles describing its modus operandi. However, a press release issued yesterday suggests the direction […]
The case the Supreme Court agreed to hear today, Midland Funding v. Johnson, involves both whether filing a proof of claim for a time-barred debt in a bankruptcy proceeding is debt collection activity that violates the Fair Debt Collection Practices Act and whether, if so, the Bankruptcy Code effectively preempts the FDCPA's application to bankruptcy […]
Read the court's very long opinion. The basic problem identified by the D.C. Circuit is that the CFPB is an independent agency run not by a multi-member commission (the members of which serve as checks on one another), but by one director (who may only be removed by the President for cause, see 12 U.S.C. […]
BY PAUL ALAN LEVY AND EUGENE VOLOKH There are about 25 court cases throughout the country that have a suspicious profile: All involve allegedly self-represented plaintiffs, yet they have similar snippets of legalese that suggest a common organization behind them. (A few others, having a slightly different profile, involve actual lawyers.) All the ostensible defendants ostensibly […]
The Wall Street Journal reports that Mylan agreed today to a $465 million settlement with the U.S. Department of Justice and other agencies over the classification of its anti-allergy EpiPen Auto-Injector under the Medicaid Drug Rebate program. The full article (subscription required) is here.
The Consumer Financial Protection Bureau has finalized a set of rules intended to protect prepaid account users. The new rule requires financial institutions to limit consumers’ losses when funds are stolen or cards are lost, investigate and resolve errors, and give consumers free and easy access to account information. The CFPB also finalized new “Know […]
The Third Circuit recently held that title insurers did not waive their ability to compel individual arbitration when attempting to do so earlier would have been futile under then-existing law. In Chassen, et al. v. Fidelity National Financial, Inc., et al., (Sept. 8, 2016), plaintiffs sought to recover hundreds of millions of dollars in claimed […]
The Federal Trade Commission announced today that, at the FTC's request, a federal court in Nevada has found that racecar driver Scott A. Tucker and several corporate defendants in a Kansas City-based payday lending scheme violated Section 5 of the FTC Act and has ordered them to pay $1.3 billion for deceiving consumers across the […]