Category Archives: Uncategorized

CFPB Proposes Regulation of Non-bank Auto Finance Companies

The CFPB announced yesterday that it is proposing to oversee larger non-bank auto finance companies, which would be a first at the federal level. At the same time, the CFPB released a report detailing auto-lending discrimination at banks. "The report highlights that the Bureau’s supervisory actions against banks will result in about $56 million in […]

(BREAKING) Non-disparagement clause ban introduced in Congress

Following in the footsteps of California's new law barring the use of non-disparagement clauses and providing a private cause of action for seeking or threatening to enforce one, today Reps. Eric Swalwell and Brad Sherman (both of California) introduced in Congress the "Consumer Review Freedom Act" that would render non-disparagement clauses unenforceable nationwide. The text […]

On the scope of California’s non-disparagement clause ban: a reply to Professor Volokh

As we have discussed, last week California passed a law barring the use of non-disparagement clauses and providing a private cause of action for seeking or threatening to enforce one, or for "otherwise penaliz[ing] a consumer for making any statement protected under this section" (that is, a statement "regarding the seller or lessor or its […]

Read a newspaper story on regional vehicle recalls

For years now, the National Highway Traffic Safety Administration (NHTSA) has authorized auto manufacturers to recall defective vehicles on a regional (rather than a national) basis. The idea, NHTSA maintains, is that some vehicle defects only matter regionally — say, in places that are cold or hot, for defects that supposedly are related to cold-weather […]

Can Pseudonyms Make Better Online Citizens?

…asks this Harvard Magazine review of The Social Machine: Designs for Living Online, by Judith Donath. The review explains: One of [Donath's] goals is to help readers recognize possibilities between real names and online anonymity. She believes pseudonyms could provide more information, not less. “We can simultaneously have a rich impression of others and privacy,” […]

California’s new Consumer Free Speech Act: Coming to a State Near You?

by Ted Mermin (Executive Director, Public Good Law Center), guest blogger As Scott Michelman's earlier post explained, the new California law barring nondisparagement clauses in consumer contracts promises to restrain a pernicious practice before it spreads widely.  That in itself is a significant victory well worth celebrating.  But here's hoping (and suggesting) that the new law also serve as […]

John Oliver on student loans and the abuses of for-profit colleges

Watch here, laugh and enjoy. (And learn.) (Note to sensitive readers: in addition to some profanity, there's a rather detailed — but hilarious — digression regarding President Lyndon Johnson's difficulty fitting his private parts into his pants.) (Note to history buffs: this is worth watching for the LBJ bit alone.)

“Plus the firearms and the narcotics and the payday loans”

by Jeff Sovern I am partial to Lee Child's Jack Reacher novels. I buy the audio books and listen to them while driving, doing mindless chores, etc.  In the latest, Personal, Reacher and a companion are discussing the activities of a British gang of criminals, and the sentence quoted above appears.  Interesting to see that the […]

Texas Supreme Court Addresses Free Speech Issues Raised by Corporate Defamation Claims

by Paul Alan Levy In two rulings in late August, the Texas Supreme Court addressed significant issues of free speech arising in defamation cases brought by companies against their critics – the availability of injunctive remedies, and the proper procedure for discovery to identify potential defamation defendants who spoke anonymously.  The court staked out somewhat […]