We've posted before on the subject of contract formation in the digital age (see here, for instance). A key question is: what online terms can a consumer be held to if she hasn't read them? The answer depends on how prominent the terms were, whether the consumer had to indicate assent, and whether a reasonable […]
Category Archives: Uncategorized
What happens when consumers only have one choice for a cable company? Well, judging by reports on Reddit and Gawker, the answer is bad service and bogus fees. If these practices (particularly the bogus "unreturned equipment fees") are widespread, I wonder if this is something a large class action firm ought to look into (or […]
The federal Fair Debt Collection Practices Act provides a host of protections against harassment and abuse by debt collectors. One provision permits the debtor to dispute the debt, a step that requires the debt collector to verify the debt before continuing collection activities. Another provision prohibits the collection of debts using false or misleading representations […]
A few weeks ago, we flagged a Post/ProPublica investigative report about a retail chain that takes advantage of servicemembers' transience to trap them in a cycle of debt. Now, as The Hill reports, the CFPB has moved against the retailer, USA Discounters, fining the chain approximately $400,000 (consisting of $350,000 in restitution and a $50,000 […]
I have been asked to post a reminder that if want a chance to present your paper on consumer law at the Association of American Law Schools 2015 annual meeting in January, you must submit it by tomorrow. Here ya go: AALS Section on Commercial and Related Consumer Law Call for Papers Emerging Scholars in […]
That's the topic of Future Claimants and the Quest for Global Peace, a new article by prolific law prof Rhonda Wasserman. Here's the abstract: In the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop. But the defendant’s interest in global peace is often unattainable […]
Following up on Deepak's post earlier this week flagging John Oliver's hilarious takedown of the payday lending industry, check out this post from our friends at Public Justice, discussing the impact of payday lending on minority communities (which are disproportionately targeted by these businesses) and the pernicious business model that relies on trapping borrowers in […]
…reports the National Law Journal, here (subscription required). In a consent order (available here), the CFPB found that Amerisave Mortgage Corporation violated numerous federal consumer protection and lending-related laws by luring borrowers to its services with inaccurate rates then overcharging them and misleading them into paying fees they did not need to pay. Of the […]
The Manhattan District Attorney has brought criminal charges against a payday lending syndicate, alleging that an intricate corporate structure was established to to make payday loans with interest rates in violation of the state's usury cap and to shield its principals from detection by law enforcement. Those charged include the owner, the chief operating officer, and […]
The Consumer Financial Protection Bureau has just issued this consumer advisory about the risks of bitcoin and other virtual currencies. The agency has also begun accepting consumer complaints on the topic. Today’s advisory warns that virtual currencies carry significant risks, including: · Exchange rates are volatile and costs unclear: The exchange rate of Bitcoins to U.S. […]