Category Archives: Uncategorized

Worrisome Features of the Terms of Use at “Social Networking Sites”

by Paul Alan Levy  Late last week I attended a conference on Social Media Liability at Suffolk University Law School.  My own talk, about practical considerations in litigating online free speech issues, is not yet in publishable form, but a fascinating empirical study of the terms of use of several hundred "social networking sites" was […]

FTC and Florida AG Put A Stop to Robocalls Used to Fraudulently Pitch Medical Alert Devices to Seniors

A settlement obtained by the Federal Trade Commission and the Office of the Florida Attorney General permanently shuts down an Orlando-based operation that bilked seniors by using pre-recorded robocalls to sell them supposedly free medical alert systems. The FTC's press release is here. The Stipulated Order and Permanent Injunction is here.

What will the CFPB do on mandatory pre-dispute arbitration?

That's the topic of Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments by law professor Louis Del Duca. Here is the abstract: Judicial precedent with regards to mandatory pre-dispute arbitration agreements has given such clauses substantial protection, resulting in their widespread inclusion in boilerplate contract language. However, recent findings and assertions from […]

Why didn’t the bank that issued my credit card tell the credit reporting companies that my credit-card debt was discharged in bankruptcy?

Please read this Deal Book article by Jessica Silver-Greenberg. Here's a bit of it: In the netherworld of consumer debt, there are zombies: bills that cannot be killed even by declaring personal bankruptcy. Tens of thousands of Americans who went through bankruptcy are still haunted by debts long after — sometimes as long as a […]

Obama pushes for net neutrality, unlikely ally in Justice Scalia, predictable foe in Sen. Cruz, resistance from FCC

Wading into the the net neutrality debate this week, President Obama came out strongly for it, urging the FCC to reject its proposed "fast lane" approach to regulating the internet (which we've previously discussed here) and to ensure equal access. Yesterday, the National Law Journal looked back and found support for the President's position in […]

FCC Order on Faxed Ads

The Federal Communications Commission has in recent years received several petitions concerning the Telephone Consumer Protection Act. Responding to some of them, the FCC last week issued an order confirming that all faxed advertisements must include an opt-out notice. The FCC's notice explains: The FCC’s rules require that a “facsimile advertisement that is sent to […]

Short essay on tolling (or not) in securities class actions

Law professor Linda Mullenix has written this short essay on the Supreme Court's aborted effort to decide whether the American Pipe tolling rule applies to certain securities class actions. Here is the abstract: This article analyzes and comments on the Supreme Court appeal in Public Employees’ Retirement System v. IndyMac MBS, Inc., No. 13-640, which […]

The third edition of the National Association of Consumer Advocates’ class-action guidelines

As reported earlier on this blog by Steve Gardner, the National Association of Consumer Advocates (NACA) has published the third edition of its Standards and Guidelines for Litigating and Settling Class Actions. Take a look at Steve's excellent post, which explains why the guidelines are worth reading. I want to let our readers know that […]