Category Archives: Uncategorized

The Federal Housing Adminstration May Need a Bailout

As the LA Times explains, "the Federal Housing Administration, which has played a crucial role in stabilizing the housing market, said it ended September with $16.3 billion in projected losses — a possible prelude to a taxpayer bailout. The precarious financial situation could force the FHA, which has been self-funded through mortgage insurance premiums since […]

Where Was Consumer Protection in the Election Campaigns?

by Jeff Sovern President Obama has done more for consumer protection than any president in a generation.  His accomplishments include signing the Dodd-Frank Act, which created the Consumer Financial Protection Bureau, anti-predatory lending laws, and limited the power of traditionally pro-bank agencies like the OCC to preempt state laws protective of consumers; signing the Credit CARD […]

Article on FTC’s Crackdown on Deceptive Advertising

AdWeek has an article this morning about the more aggressive pursuit by the Federal Trade Commission's Bureau of Consumer Protection of large companies engaged in deceptive advertising. The article focuses on the Bureau's leadership under David Vladeck, who after more than three years as the Bureau's director will soon return to Georgetown Law School. As […]

Interesting Class-Action Decision from the First Circuit

Last Friday, the U.S. Court of Appeals for the First Circuit affrimed a class-action judgment in favor of the plaintiffs in Matmaros v. Starbucks Corp., Nos. 12-1189 and 12-1207. The plaintiffs were Starbucks baristas who claimed that, under a Massachusetts wage law known as the Tips Act, they did not have to share the cash […]

Would a Regulated Market in the Sale of Body Parts Promote Consumer Well-Being?

Yes, according to Richard Posner. Posner says that people needing a kidney have to wait about six months on average. Meanwhile, they are often on expensive dialysis, which greatly diminishes the quality of their ilves. Here are some exceprts from Posner's piece: If kidneys were salable, the waiting time for a transplant would drop precipitately, […]

Interesting Case in the Preemption Wars

In the Airline Deregulation Act of 1978 and the Federal Aviation Administration Authorization Act of 1994 Congress expressly preempted some state laws and regulations that would set the economic rules for the commerical airline and trucking industries. Congress had partially deregulated those industries, and, to an extent, it didn't want the states to disturb the […]

Supreme Court Grants Review in Arbitration Case

The Supreme Court granted review on Friday in American Express Co. v. Italian Colors Restaurant. Here is the question presented in the petition: Whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law […]