Category Archives: Uncategorized

11th Circuit affirms that debt collector can be liable under FDCPA for filing bankruptcy claim on time-barred debt

The U.S. Court of Appeals for the Eleventh Circuit yesterday affirmed its 2014 holding that a debt collector violates the Fair Debt Collection Practices Act when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred. In this case, the debt collector argued that the earlier […]

Two for-profit colleges drop forced arbitration clauses

The Washington Post reports today that DeVry University and the University of Phoenix will stop using pre-dispute mandatory arbitration clauses that bar students from filing class-action lawsuits or otherwise taking their grievances to the courts. The story is here. In a related story, the Post recently explained that "It's almost impossible for students to sue […]

Holes in the federal overtime rules and the decline of unions

We discussed here the Department of Labor's new rule that will significantly expand the number of U.S. workers eligible for overtime pay. But, still, a much smaller percentage of U.S. workers are eligible for overtime today than were eligible in the past, and federal law categorically exempts many jobs from entitlement to overtime pay. (Some state laws […]

Mesa, Arizona tells insurgent candidate not to put the city’s seal on his lawn signs

by Paul Alan Levy The city of Mesa, Arizona, has threatened suit against a local businessman, Jeremy Whittaker, who is running for city council in opposition to a longtime city employee who enjoys endorsements from several current elected city officials.  His offense?  His lawn signs and campaign literature include a single-color version of the city’s logo […]

Bill would clarify when food is too old to eat

Legislation announced Wednesday by Sen. Richard Blumenthal (D-Conn.) and Rep. Chellie Pingree (D-Maine) aims to put an end to consumer uncertainty about whether or not their food is safe to eat. With the Food Date Labeling Act, they have proposed standardized language for retail packaging: “Best if used by” to indicate peak quality for shelf-stable foods, and […]

Hearing on Telephone Consumer Protection Act

The Senate Committee on Commerce, Science, and Transportation held a hearing yesterday entitled “The Telephone Consumer Protection Act at 25: Effects on Consumers and Business.” The committee website described the topic as: The hearing will examine the Telephone Consumer Protection Act of 1991 (TCPA), an enacted bill that requires solicitors to maintain a “Do Not […]

The U.S. Department of Labor issues a final rule greatly expanding the number of workers eligible for overtime pay

The U.S. Labor Department today issued a final rule that will significantly raise 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 hours per week. The Labor Department says that the new rule will Raise the minimum salary level […]