Category Archives: Uncategorized

Traitor Joe – another big company with no sense of humor making IP threats

by Paul Alan Levy I recently had the pleasure of representing Dan McCall again — author of such wicked parodies as NSA – the Only Part of Government That Actually Listens (we got to sue the NSA for a declaratory judgment of noninfringement); Ready for Oligarchy (over which we came with hours of filing suit […]

Are the Authors of Consumer Reviews Protected by Anti-SLAPP Laws?

by Paul Alan Levy Today we entered an important case that will determine whether New York’s new and improved anti-SLAPP law protects the authors of consumer reviews against being sued for defamation when they reveal publicly that they were less than thrilled with a business’s services or products. The case arose from the horrible experience […]

CFPB report on consumer complaints finds variations by race and wealth

The Consumer Financial Protection Bureau has released a report analyzing, by U.S. Census tract, patterns in the consumer complaints submitted to the CFPB between 2018 and 2020. The report finds that the complaints from wealthier communities and communities with higher percentages of white, non-Hispanic residents were more frequently about loan origination and performing servicing, while […]

In consumer class action against Walmart, Eighth Circuit holds that right to enforce arbitration agreement was waived by Walmart’s litigation conduct

Here's how the Eighth Circuit, in its brand-new decision, McCoy v. Walmart, described the merits of the consumer class action before it: "Debbie McCoy purchased Walmart gift cards as Christmas presents. The cards turned out to be worthless, however, because one had been deactivated and the other had no balance remaining. McCoy, seeking to represent […]

New Ninth Circuit ruling on Federal Arbitration Act preemption

The Ninth Circuit issued a decision today in Chamber of Commerce v. Bonta. The Ninth Circuit write summaries of its opinions for public consumption. As the Ninth Circuit puts it, a summary "constitutes no part of the opinion of the court. It [is] prepared by court staff for the convenience of the reader." The following […]

Webinar: The Rise in Debt Collections Litigation and What States can Do

The Aspen Institute Financial Security Program and Pew will hold a webinar on Thursday, October 28 at 1:00 pm ET on the debt collections litigation system and ways to create better outcomes for people. Here is the description: The system for collecting unpaid debts is broken. One in three American adults had debt in collections […]