Category Archives: Uncategorized

Michigan Court of Appeals Again Protects Anonymous Criticism

by Paul Alan Levy A decision yesterday by a panel of the Michigan Court of Appeals shows that First Amendment protections, and particularly protection for online anonymity, is alive and well in Michigan.  Ruling in Ghanam v. Doe, the Court held that when discovery is sought to identify anonymous defendants so that they can be […]

Accessories Store: A Nondisparagement Clause Even Worse than Kleargear

by Paul Alan Levy     In the wake of recent coverage of an attempt by the online trinket company Kleargear.com to ruin the credit of a customer whose wife complained about Kleargear’s failure to send an order of Christmas gifts, in violation of a non-disparagement clause inserted into later versions of the online sales contract, […]

Response to petition for rehearing filed in Third Circuit Carrera class certification appeal

As we've explained in a series of posts, in Carrera v. Bayer, the Third Circuit reversed a grant of class certification on the ground that the class wasn't "ascertainable." Among other things, the panel said that the class of purchasers of an over-the-counter weight-loss product had not shown that it would be able to screen out […]

How much do credit-card companies pay colleges and their affiliates to faciliate marketing to students?

Sometimes a good bit, according to this annual CFPB report issued recently. Chris Morran over at the Consumerist has this analysis of the report, and he lists the 10 biggest payouts to colleges and alumni associations in 2012: 1. Penn State Alumni Association: $2,742,743 from FIA Card Services, N.A. 2. Alumni Association of the University […]

USA Today investigation of tainted dietary supplements

We've been covering the serious health hazards associated with dietary supplements (for instance, here, here, and here). We've noted that although dietary supplements have drug-like effects and supplement makers market their products by trumpeting those effects, the products are not regulated like drugs by the FDA. In fact, unlike drugs, they are marketed without governmental pre-approval. […]

CFPB and 49 states require mortgage loan servicer to pay $2 billion for systemic misconduct in mortgage servicing

The CFPB, 49 states, and the District of Columbia have entered into an agreement with Ocwen Financial Corp. the largest nonbank mortgage servicer in the country, that requires Ocwen to provide more than $2 billion in relief to homeowners. The relief will be in the form of principal reduction and refunds to customers whose homes […]

Utah couple sues online retailer for wrecking customer’s credit score in response to online criticism

You may recall the story of John Palmer of Utah, from whom online retailer KlearGear.com demanded $3500 after John’s wife Jen posted an online review discussing the couple's bad experience with KlearGear’s customer service. When John refused to pay the outrageous demand, KlearGear reported the $3500 alleged “debt” to the credit reporting agencies and wrecked […]