Category Archives: Uncategorized

More baseless and unethical demand letters from Mathew Higbee

by Paul Alan Levy It’s been some time since I have had occasion to write about Mathew Higbee’s use of baseless threats of litigation seeking to wring undeserved dollars out of alleged copyright infringers. To be sure, many of his demand letters seek remedies for plainly infringing uses, even if his monetary demands tend toward […]

Article on Article III standing, Spokeo, and TransUnion

Law prof Elizabeth Earle Beske has written “Charting a Course Past Spokeo and TransUnion.” Here’s the abstract: The Supreme Court’s 5-4 decision in TransUnion LLC v. Ramirez has dramatically upended standing doctrine, apparently out of concern that any other move will invite congressional manipulation and give rise to even greater evils. The Court has done […]

Jack Gillis retiring after 38 years at Consumer Federation of America

Consumer Federation of America has announced that long-time consumer advocate Jack Gillis is retiring in January. Here is the press release: After 38 years with the Consumer Federation of America, long-time consumer and auto safety advocate, Jack Gillis, will be retiring as CFA’s Executive Director in January 2022. Gillis has been with CFA since 1983, […]

CFPB request for comment on Request for Big-Tech payment platforms

On October 21, the Consumer Financial Protection Bureau ordered six large technology companies that operate payments systems in the United States — Google, Apple, Facebook, Amazon, Square, and PayPal — to provide information about certain of their business practices. The agency seeks the information to help it better understand how these companies use personal payments […]

CFPB, DOJ, and OCC take action against Trustmark National Bank for discrimination

The Consumer Financial Protection Bureau and Department of Justice, in cooperation with the Office of the Comptroller of the Currency, have entered into a settlement to resolve allegations of redlining by Trustmark National Bank. The CFPB and DOJ allege that Trustmark discriminated against Black and Hispanic neighborhoods by deliberately not marketing, offering, or originating home […]

FTC report finds many internet service providers collect troves of personal data

A recent report by the Federal Trade Commission staff shows that many internet service providers (ISPs) collect far more data about their customers than many consumers may expect — including access to their Internet traffic and real-time location data — while failing to offer consumers meaningful choices about how they may use the data. Focusing […]

May Courts Order Public Records Requesters to Return Mistakenly Released Documents?

by Paul Alan Levy In releasing documents electronically pursuant to a public records request, a local government body in New Jersey made a rookie error: using software (presumably Word) to perform redactions in a manner that was easily undone when the requester opened the provided PDF documents using his own device. The documents revealed some […]

Ninth Circuit Takes the Con Out of ConAgra

by Steve Gardner Yesterday, the Ninth Circuit issued an excellent opinion on the issue of preemption of state law claims for deception involving foods regulated by USDA. Cohen v. ConAgra Brands, Inc. Robert Cohen sued ConAgra for violations of California consumer laws. As the Court noted: Cohen began purchasing various frozen chicken products such as […]

CFPB orders tech giants to turn over information on their payment systems

The Consumer Financial Protection Bureau has ordered Amazon, Apple, Facebook, Google, PayPal, and Square to turn over information on their payment system plans. The orders look like this. The agency's press release begins this way: Today, the Consumer Financial Protection Bureau (CFPB) issued a series of orders to collect information on the business practices of […]