Category Archives: Uncategorized

Eleventh Circuit rejects nondelegation-doctrine challenge to Universal Service Fund with two concurrences

In 1996, Congress directed the FCC to create a fund by which it ensures that Americans throughout the country have access to telecommunications services, to be funded by contributions from carriers. The FCC relies on the Universal Service Administration Company (USAC) to help administer the fund, including by calculating necessary contributions that are submitted to […]

Poll finds majority of consumer financial services lawyers rarely or never read consumer contracts before agreeing to them

From time to time at a gathering of consumer law folks, I poll participants about whether they read consumer law contracts and disclosures. Here, for example, are the results of a survey of consumer law professors asked those questions. Earlier this year, I surveyed the audience at a consumer financial services lawyers, some of whose […]

FTC Chair Khan’s antitrust work spotlighted

Federal Trade Commission Chair Lina Khan is featured in a Politico piece published today on the growing antitrust movement and its popularity with law students. Possibly the line of the piece: “Critics have called it “hipster” antitrust, but make no mistake: Antitrust is hip.” Chair Khan is also scheduled to speak Nov. 10 at Federalist […]

Racist emails surface in DOJ redlining case against American Bank of Oklahoma

The DOJ press release is here. The emails are disturbing (see for yourself below) and are reminiscent of the Trident case. The case resulted in a consent order though, as is usual in such cases, the bank neither admitted nor denied the complaint’s substantive allegations. What makes this even more upsetting is that bank trade […]

Massachusetts High Court Upholds State Fiduciary Rule

In 2018, the Fifth Circuit vacated the Department of Labor’s 2016 Fiduciary Rule, which required certain broker-dealers and investment advisers providing investment advice subject to ERISA to act in consumers’ best interests, as opposed to their own.  DOL has indicated it will be proposing a new rule. But in the meantime, states have adopted and […]

Even consumer law professors have consumer problems: Todd Zywicki edition

In June, George Mason professor Todd Zywicki testified before the Senate Commerce Committee’s Consumer Protection Subcommittee on junk fees. Professor Zywicki explained: I share the frustration that many consumers hold today regarding the proliferation of seemingly ubiquitous add-on fees that we experience constantly, from surcharges for using our credit cards at a merchant, to hotel […]