Why do courts enforce mandatory arbitration clauses? Because the contracting parties agreed to them, the courts tell us. Not this time. A Florida intermediate appellate court held earlier this month that an arbitration clause was enforceable in a wrongful death suit against a rehabilitation center even though Jessie Holloway, the 92-year-old woman who signed the […]
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From a DOJ press release: "Lender Processing Services Inc. (LPS), a publicly traded mortgage servicing company based in Jacksonville, Fla., has agreed to pay $35 million in criminal penalties and forfeiture to address its participation in a six-year scheme to prepare and file more than 1 million fraudulently signed and notarized mortgage-related documents with property […]
by Brian Wolfman We have posted before on the large decline in airfares in light of the 1978 Airline Deregulation Act. (See also the chart to the right, and click on it to enlarge.) But, in this piece, David Lazarus questions whether economic deregulation ever brings consumers lasting benefit. He worries about the just-announced U.S. […]
by Brian Wolfman This article by the Consumerist's Chris Morran explains that, in her first Senate Banking Committee hearing, senior Massachusetts Senator Elizabeth Warren "grilled a panel of regulators on their tendency to settle with law-breaking banks rather than go to trial. … Sen. Warren explained her stance that if banks reap billions of profits […]
In light of the steady march toward maximum judicial enforcement of arbitration clauses, perhaps nothing should surprise us anymore, but a recent federal district court decision caught the eyes of several of us here at CL&P Blog. This decision, from the Southern District of Ohio, ruled that a dispute was subject to arbitration even though […]
Remember the Big Spring suit? That's the case challenging various provisions of the Dodd-Frank Wall St. reform law, including the legality of the Consumer Financial Protection Bureau, on separation-of-powers grounds. That suit includes, but is by no means limited to, a challenge to Richard Cordray's appointment as CFPB director as an impermissible (non-)recess appointment. The […]
That's the name of this report from the Institute of Medicine (eds. Lawrence Gostin and Gillian Buckley). The Food and Drug Administration and similar regulatory agencies around the world seek to protect consumers by approving drugs only if they are reasonably safe and effective for their intended uses. But that objective is undermined when bad […]
by Jeff Sovern You can read Senator Rubio's speech here. Here's the key language: "a major cause of our recent downturn was a housing crisis created by reckless government policies." He doesn't specify the policies, but he's probably referring to the old, thoroughly debunked, claim that the CRA caused the subprime crisis, something the Republican presidential […]
In a letter to the U.S. Securities and Exchange Commission, Massachusetts Secretary William Galvin is asking the SEC to consider a ban on binding pre-dispute arbitration clauses in investor advisor contracts, citing a survey that found them prevalent in contracts between investment advisers and their clients. In the alternative, Galvin asks that the SEC undertake […]
As the New York Times pointed out (as we noted yesterday), Republicans have continued to oppose the work (and existence) of the CFPB. So I was a little surprised to hear Republican Sen. Marco Rubio's State of the Union response last night include this exhortation: "Today, many graduates face massive student debt. We must give […]