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 […]
Category Archives: Uncategorized
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 […]
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 […]
Check out PrivacyGrade.org, which analyzed over 1 million applications and ranked them based on how the extent of an application's collection of information about the user matched up with the user's expectations. A key finding from the site, reports CNN Money, is that some of the worst apps in terms of privacy are apps aimed […]
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 […]
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 […]
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 […]
by Jeff Sovern The Times reported yesterday Takata Saw and Hid Risk in Airbags in 2004, Former Workers Say. Last weekend, the Philadelphia Inquirer's Jeff Gelles weighed in with Safety agency is failing the public on air bags. One sidenote: stories on air bags and more generally on product safety rarely if ever quote law […]
This afternoon, the Supreme Court decided to hear a case raising the question whether Obamacare subsidies to assist individuals in the purchase of health insurance apply to purchasers at all health care exchanges under the law or only those run by states instead of the federal government. The Fourth Circuit adopted the former interpretation, granting Chevron […]
As the New York Times reports, The Federal Trade Commission said on Thursday that it had settled its first consumer-protection lawsuit against a company for using “deceptive sales claims and phony legal threats” to try to get unsuspecting companies to license patents. At issue is the practice of a company called MPHJ Technology Investments, described […]