Law profs Craig Konnoth and Seth Kreimer have written Spelling Out Spokeo. Here is the abstract: For almost five decades, the injury-in-fact requirement has been a mainstay of Article III standing doctrine. Critics have attacked the requirement as incoherent and unduly malleable. But the Supreme Court has continued to announce “injury in fact” as the bedrock […]
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On Wednesday of this week, a federal district court in California handed the Consumer Financial Protection Bureau a victory in its lawsuit against consumer lender CashCall. The court's ruling grants the CFPB partial summary judgment on its claim that CashCall committed deceptive acts in violation of the Consumer Financial Protection Act by collecting illegal interest […]
Health advocates have been saying for years that consumers shouldn’t use antibacterial soaps. Yet manufacturers have continued to put antibacterial agents into liquid soaps, to the extent that for a while it was hard to find products on store shelves that didn’t contain them. Now the Food & Drug Administration has finally gotten the message. […]
Writing in today's New York Times, Erik Eckholm explains in Court Costs Entrap Nonwhite, Poor Juvenile Offenders that Fines, fees and restitution mandates are levied on juvenile offenders to varying degrees in every state, a new national survey of these practices has found. The effects are greatest on the poor and racial minorities, creating a two-tiered system […]
The Consumer Financial Protection Bureau yesterday released a monthly report of consumer complaints received by the agency, highlighting complaints about bank accounts and services. The report shows that consumers continue to experience problems managing their accounts. The report also highlights trends seen in complaints coming from Ohio. The CFPB's press release is here. The report […]
Is it a good idea to label genetically modified foods to indicate that they include ingredients that have been genetically modified? And, more generally, when should the government require precautionary labeling? Those are the topics of On Mandatory Labeling, With Special Reference to Genetically Modified Foods by law prof Cass Sunstein. Here is the abstract: As a […]
by Paul Alan Levy A state District Court in Dallas (Judge Jim Jordan of the 160th District) has struck down a lawsuit over a non-disparagement clause in a form consumer agreement, holding that it could not be enforced against a consumer who expressed dissatisfaction about the service provided by a local business. Although we have […]
The Washington Post and AP report: About 210,000 owners of Volkswagens with 2-liter diesel engines that cheat on emissions tests have registered to settle with the company under the terms of a June court agreement. The figure was revealed in a federal court motion by class action attorneys seeking final approval of the settlement involving […]
The Ninth Circuit yesterday dismissed a lawsuit brought by the Federal Trade Commission against AT&T Mobility, in which the FTC asserted that AT&T illegally slows internet data speed to customers with an unlimited data plan. Section 5 of the FTC Act contains an exemption for “common carriers subject to the Acts to regulate commerce.” 15 […]
Washington Post Columnist Michelle Singletary recently posted about and answered questions about IRS scams — like those messages on my home answering machine saying that the IRS is about to initiate a prosecution over fictitious tax debt. Color of Money Live: How to avoid those IRS scams Singletary offers advice and answers questions. (Aug. 25) […]