Category Archives: Uncategorized

Narrow Supreme Court standing decision in surveillance case

In a 5-4 decision today, the Supreme Court held that lawyers, journalists and human-rights workers whose work requires that they communicate with individuals abroad whose communications the federal government is likely to target under its broad new surveillance authority lack standing to challenge the statute granting the government that broad authority. The majority dismisses as […]

Sixth Circuit strikes down inadequate robo-signing class action settlement

A number of significant legal opinions were released today on procedural and/or substantive issues affecting consumers. We'll be highlighting each of them in turn today. First, the Sixth Circuit Court of Appeals struck down a settlement of three class action lawsuits arising out of the fraudulent signing of affidavits without personal knowledge in order to […]

“Why We Need More Judicial Activism”

That's the title of this article in which law professor Suzanna Sherry argues that criticisms of "judicial activism" are misguided. If anything, Sherry says, the Supreme Court should override federal and state legislative judgments more often than it does. She notes that the Supreme Court's "universally condemned" decisions more often left legislation standing than struck […]

State tax breaks for making movies: A needed boost for local economies, or just a chance for politicians to pose with the stars at taxpayer expense?

by Brian Wolfman Need another reason to avoid next year's long, self-congratulatory Oscars' awards? How about that the movie industry is the principal lobbyist for, and the prime beneficiary of, government largesse that may be eating away at your kids' school funding or support for your local fire fighters? We know that tax-paid consumer services […]

Has Obamacare Brought Down the Size of Health Insurance Rate Hikes?

Sarah Kliff reports here that Researchers combed through data available from the 15 states that publicly post all requests for rate increases in the individual market. They found that, in 2009, 74 percent of all requests came in above 10 percent. By 2012, that number had fallen to 35 percent. Preliminary data for 2013, which […]

The Sequester and the Craziness of Cutting the IRS Budget if You’re a Deficit Hawk

by Brian Wolfman Think about these things: The "tax gap." In 2006, the "tax gap" — the difference between the taxes owed by Americans and the taxes that they pay — was a stunning $450 billion. The IRS then went out and enforced the tax laws and recovered $65 billion, making the net tax gap […]

The Haggler on a Florida Consumer Protection Agency

by Jeff Sovern Today's Times Haggler column, Calling Out the Robocaller, written by David Segal, and about a troublesome telemarketer, Your Financial Ladder, operated by the Helfenstines, includes an ominous discussion about the effectiveness of a Florida consumer protection agency: [A] spokesman for the Florida Department of Agriculture and Consumer Services says it recently started an investigation […]

Major Banks Play Key Role in Payday Loans

Read this story by Jessica Silver-Greenberg. She reports that just as 15 U.S. states have banned payday loans, some of the world's biggest banks are playing a key role in facilitating the loans in a way that aims to evade those states' laws. Here's an excerpt: Major banks have quickly become behind-the-scenes allies of Internet-based […]

Injunction Against Facebook Poster for Criticizing McDonald’s Non-Halal Meat Settlement

by Paul Alan Levy Our experience at Public Citizen has been that objectors to proposed class action settlements can often expect a hostile reception.  Both named plaintiffs and defendants – and their lawyers — generally have a common stake in getting the settlement approved, and they have developed a relationship with the judge already.  The […]

FINRA agrees Schwab can use customer agreements to bar class actions

Last year, Charles Schwab modified its customer account agreements to prohibit class-action suits and bar consolidation of individual arbitrations. FINRA — the financial industry regulatory authority — then charged Schwab with violating FINRA's rules. As we previously reported, Schwab challenged FINRA's action in district court, but the court dismissed the suit for failure to exhaust […]