Category Archives: Uncategorized

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 […]

Senator-Elect Warren May Be Headed for the Banking Committee

Appointment to the Senate Banking Committee is a plum usually reserved for Senators with more seniority than Senator-Elect Elizabeth Warren — that is, Senators with at least some seniority — but it appears that Senate Majority Leader Harry Reid may make it happen because of Warren's expertise on banking and finance issues. Read about it […]

CL&P Blog Special Report: Under-the-Radar Votes in the Senate on Consumer Protection

by Jeff Sovern Yesterday I blogged about senatorial votes on consumer protection (a more succinct version of the special report can be found in the American Banker).  During the period we studied–2009 to 2012–Congress voted on two major consumer protection bills, the Credit CARD Act of 2009 and the Dodd-Frank Act.  But other votes were […]

CL&P Blog Special Report: Which Senators Protect Consumers and Which Protect Banks?

by Jeff Sovern Now that the election is over, the post is back!  Read the American Banker op-ed on the study here.  My student, Andrew Lipkowitz, and I recently reviewed the votes of the members of the United States Senate going back to 2009 on consumer issues.  I'm reporting some of the findings today and […]

Should We Label Genetically Modified Foods?

In September, we blogged concerning the California electoral initiative that would require labeling of genetically modified foods. (We should know the answer on the initiative sometime tomorrow night or early Wednesday morning.) We followed up with this post about genetically modified food labeling requirements across the globe. Now, Brad Plumer has posted this excellent piece on […]

Two Speeches by CFPB Director Richard Cordray

Consumer Financial Protection Bureau Richard Cordray gave two speeches last week in Seattle that shed light on the new agency's activities. In the first — remarks at a public hearing — Cordray talked about the agency's joint efforts with the FTC in regulating debt collection, principally under the Fair Debt Collection Practices Act. He noted, […]

The Obama Administration’s Pay-As-You-Earn Student Loan Repayment Plan Gets Rolling

Today, the Obama Administration issued final regulations for its new Pay As You Earn student loan repayment program.  77 Fed. Reg. 66088. The program enhances graduates’ (including law graduates') ability to repay their student loans, and it nudges graduates toward public service work. With minor exceptions, the program will apply to higher-education graduates who graduated […]

The CFPB Issues Supervisory Report

Yesterday, the Consumer Financial Protection Bureau issued its Fall 2012 Supervisory Report discussing the degree to which financial institutions and service providers it regulates are complying with federal consumer financial laws. Part III of the report surveys significant legal violations detected by the CFPB and what the agency is doing to remedy those violatons and […]