Category Archives: Uncategorized

Great recession mortgage meltdown redux? Read this story entitled “Federal government has dramatically expanded exposure to risky mortgages”

Damian Paletta at the Washington Post has written Federal government has dramatically expanded exposure to risky mortgages, effectively asking whether conditions are forming for another homeowner mortgage crisis of the severity associated with the Great Recession. Some excerpts: The federal government has dramatically expanded its exposure to risky mortgages, as federal officials over the past […]

May a company get an injunction to block a defendant from invoking the Streisand Effect?

by Paul Alan Levy The United States Court of Appeals for the Third Circuit recently upheld the rights of litigants to use public pressure to discourage companies from suing them. The issue arose in Bank of Hope v. Chon, when a bank sued one of its departed founders, after an employee who was fired for […]

House passes bill to end forced arbitration

The House just passed a bill that would restore legal rights to millions of workers and consumers. By a vote of 225-186, the House passed the Forced Arbitration Injustice Repeal (FAIR) Act, to ban companies from requiring workers and consumers to resolve legal disputes in private arbitration. Arbitration is a process with no judge, no […]

Moral Rights and Copyright Claims about Che Guevara Parodies

by Paul Alan Levy The personal and commercial heirs of the deceased photographer Korda, best known for the iconic photograph of Che Guevara that has adorned Tshirts and posters displayed by young admirers for fifty years, have issued a takedown demand to Liberty Maniacs over its sales of parody items that display the photo’s cap […]

Our federal financial regulators are busy defending predatory loans

Read this post by law prof Adam Levitin titled "FDIC and OCC Race to Court to Defend 120.86% Interest Rate Small Business Loan." It's not a pretty thing our federal regulators are doing. Here's an excerpt from Adam's post: FDIC and OCC filed an amicus brief in the district court in an obscure small business bankruptcy case […]

CFPB Abandons Defense of Its Own Constitutionality

For years, subjects of CFPB enforcement actions have challenged the constitutionality of the agency's structure, arguing that separation-of-powers principles forbid Congress to grant enforcement authority to an independent agency whose director is protected against being fired without cause by the President. Throughout that time, the agency has defended its own constitutionality, and has prevailed in […]

Read this op-ed on CFPB’s proposed rule authorizing debt-collection harassment

In May, the Consumer Financial Protection Bureau proposed new Fair Debt Collection Practices Act rules. In this op-ed, Jennifer Wagner (of Mountain State Justice) and Linda Frame (of the West Virginia Center on Budget and Policy) explain why the CFPB's proposed rules, issued under a law meant to curb debt-collection harassment, actually authorize debt-collection harassment. […]

Federal Trade Commission issues staff report on class-action notices, redress methods, claims rates, and check-cashing rates; agency sets comment period and October 29 public meeting

The Federal Trade Commission has issued a staff report on class-action notices, redress methods, claims rates, and check-cashing rates based on the agency's survey of the results in 149 consumer class actions. The FTC has put together this home page on the report, which contains links to related information.  Consistent with other data and anecdotal […]