Category Archives: Uncategorized

The State of Federal Arbitration Law and Waiver By Litigation Conduct

As many of our readers are aware, the Federal Arbitration Act (FAA) makes it difficult for consumers to enforce their rights in court when the standard form contracts that govern their employment relationships or their consumer purchases contain arbitration clauses. The Supreme Court has interpreted the FAA broadly. Does the FAA apply in state courts […]

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, […]