Updating an earlier complaint to the FTC, Campaign for a Commercial-Free Childhood and Center for Digital Democracy charge that Google engages in false and deceptive advertising by marketing its YouTube Kids as appropriate for children under five despite containing material about child suicide, unsafe behaviors such as playing with matches and tasting battery acid, and […]
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The Japanese airbag-manufacturer Takata announced this week it would expand its recall of defective airbags to up to 34 million vehicles. The New York Times reports that six deaths and over a hundred injuries have resulted from the flaw, which can cause the airbags to explode violently on deployment, spraying metal at passengers. As we’ve […]
Bloomberg reports that Harold Hamm, billionaire CEO of oil company Continental Resources, tried to get University of Oklahoma scientists fired for their research. This report comes just a few weeks after Oklahoma's government confirmed that the hundreds of earthquakes the state has experienced in recent years are, in fact, caused by oil and gas operations […]
Read the complaint and the consent order (which requires judicial approval). The beginning of the Consumer Financial Protection Bureau's press release summarizes: Today the Consumer Financial Protection Bureau (CFPB) filed a complaint and proposed consent order in federal court against PayPal, Inc. for illegally signing up consumers for its online credit product, PayPal Credit, formerly known […]
According to this article by consumer reporter David Lazarus.
When one comes across a case called Abdelfattah v. DHS alleging a pattern of law enforcement and immigration-authority harassment against a Jordanian national, the Fair Credit Reporting Act is usually not the first remedy that comes to mind. But in the D.C. Circuit's decision in that case this past Friday, an FCRA claim is the […]
Last week, in Daniels v. Hollister Co., the New Jersey Appellate Division rejected the notion that the plaintiffs in a damages class action must show that the class is "ascertainable" before it may be certified. The court responded at length to recent federal-court ascertainability precedent, coming especially from the Third Circuit, requiring the named plaintiffs […]
That's the topic of Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights by law professor Judith Resnik. Here is the abstract: Two developments frame this discussion: the demise of negotiated contracts as the predicate to enforcing arbitration obligations under the Federal Arbitration Act and the […]
In an opinion issued this morning, an almost unanimous en banc Court of Appeals for the Ninth Circuit has overturned the panel opinion in Garcia v. Google, which last year granted a mandatory injunction requiring Google to remove the video “Innocence of Muslims” from YouTube on the ground that, when an actress was tricked into […]
This morning we have a broad hint that the Ninth Circuit's en banc opinion in Garcia v. Google is to be expected today, and that the ruling will reverse Judge Kozinski's opinion for the panel. What the ground of that opinion will be, who will write, and what the split among the judges will […]