Law prof Mark Budnitz has written The Restatement of the Law of Consumer Contracts: The American Law Institute's Impossible Dream. Here is the abstract: The American Law Institute has been attempting to write a Restatement of the Law of Consumer Contracts since 2012. The proposed Restatement has gone through ten drafts and has generated considerable […]
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by Paul Alan Levy The New York state trial judge who initially granted a temporary restraining order against both Mary Trump and Simon & Schuster declined late today to extend that order into a preliminary injunction. Faced with a welter of arguments put forward by both the defendants in the case as well as by […]
Lots of folks are using hand sanitizer these days. Sometimes it is hard to find hand sanitizers on the shelves or on-line, and there might be an inclination to buy any brand you find. Because there are a bunch of dangerous brands on the market containing methanol (which can be toxic, even life-threatening when ingested), […]
This article by Renae Merle discusses in detail the impending eviction crisis as eviction moratoriums begin to expire. Something has to be done to help tenants in crisis, and it can't be extending the patchwork of moratoriums, which doesn't deal with the underlying problem: that people out of work can't afford the rent.
The Consumer Financial Protection Bureau today announced a final rule rescinding payday loans protections that had been issued in October 2017. Among the provisions rescinded are those limiting unaffordable loans that trap families in cycles of debt. The CFPB also announced that it will implement the provisions of the payday loan rule that prevent lenders, […]
As established by the Dodd-Frank Act in 2020, the Consumer Financial Protection Bureau was headed by a director who could the President could remove only for cause (inefficiency, neglect of duty, or malfeasance in office). The CFPB’s first director was appointed on January 4, 2012. On June 29, 2020, the Supreme Court held in Seila […]
by Paul Alan Levy The lawsuit filed by Robert Trump against his niece, Mary Trump, seeking to block her from publishing a book that apparently has several damning facts to disclose about Robert’s brother, and Mary Trump’s uncle, our Dear Leader Donald J. Trump, is based on a non-disclosure clause that was part of the […]
Steve Gardner has given a great and succinct summary of todays decision in Barr v. AAPC. The Telephone Consumer Protection Act lives, minus its obnoxious exception for government debt collection robocalls. What's not to like about that bottom line? I want to make an additional point about the significance of the decision. For the second […]
The Supreme Court issued its ruling in Seila Law v. CFPB today, holding by a 5-4 vote that the Congress violated the principle of separation of powers by placing the Consumer Financial Protection Bureau under a single director removable by the president only for cause. Chief Justice Roberts wrote the majority opinion, with Justice Kagan […]
by Paul Alan Levy As I have discussed in several previous posts, Mathew Higbee has built up a significant copyright enforcement business that depends on the issuance of threatening demand letters that are followed up by a small army of “compliance resolution specialists” who nag and threaten large awards of damages, the issuance of judgment […]