Category Archives: Uncategorized

House Financial Services Committee Member Luetkemeyer: Elizabeth Warren is Darth Vader

From Politico's Morning Money, by Ben White: M.M. hosted a panel at the ABA conference on Wednesday that generated some controversy when Rep. Blaine Luetkemeyer (R-Mo.), a senior member of the House Financial Services Committee, said people needed to "find a way to neuter" Sen. Elizabeth Warren (D-Mass.), whom he called "the Darth Vader of […]

Justice Department to state courts: Stop policing for profit

We've discussed previously the troubling practice of some state and local courts using low-level offenses to generate fees, sometimes for the courts themselves and sometimes for for-profit entities that run court-related services. (See, for instance, here and here.) Now the Justice Department is warning states that these practices are unconstitutional and must stop, the New […]

Department of Education proposes measures to protect students from predatory higher education institutions

The Department of Education announced on Friday a proposal to establish borrower-friendly processes for seeking and obtaining loan relief triggered by unscrupulous conduct by higher education institutions. The Department also proposed options to protect students from the use of mandatory arbitration provisions in enrollment agreements. The proposals were made in connection with an ongoing negotiated […]

Settlement in Vermont enforcement action against electronic-payment processor

Last week, the Vermont Attorney General announced that Advantage Payment Systems will pay $22,000 to settle claims that the company violated state consumer laws by processing electronic payments to payday lenders charging 100-300% interest despite the fact that Vermont law forbids interest rates of greater than 24%. Apparently, the company has already stopped processing payments in Vermont […]

Akerlof & Shiller’s Phishing for Phools

by Jeff Sovern I recently listened to the audio version of a book authored, by two Nobel Prize winners, George A. Akerlof & Robert J. Shiller, titled Phishing for Phools: The Economics of Manipulation and Deception.   Their basic thesis is that while free markets have the salutary effect of encouraging sellers to provide things that consumers want, free […]

Alaska Supreme Court holds that foreclosure is “debt collection” covered under the FDCPA

Joining a growing consensus of appellate courts that have addressed this issue in recent years, the Alaska Supreme Court held last week that foreclosure counts as "debt collection" and therefore firms in the business of foreclosing on homeowners are "debt collectors" subject to the restrictions of the FDCPA. As the court explained, "foreclosing on property, […]

FCC describes proposed limits on government robocalls

The Hill reports: Government debt collectors could only robocall a person three times per month and would have to stop calling when asked to do so, according to a draft proposal at the Federal Communications Commission.  The FCC released more details of the draft proposal circulated among the commissioners last month. The new details were […]

FCC chairman proposes new rule on internet choice, security, and privacy

Federal Communications Commission Chairman Tom Wheeler has circulated for consideration by the full Commission a Notice of Proposed Rulemaking "to ensure consumers have the tools they need to make informed choices about how and whether their data is used and shared by their broadband providers." The proposal would apply the privacy requirements of the Communications […]