Category Archives: Uncategorized

Senate report faults CPSC for failure to recall dangerous products

An investigation by Senator Cantwell's oversight staff found that a "series of high-profile failures to effectively recall dangerous products has called into question the ability of the U.S. Consumer Product Safety Commission (CPSC) to adequately protect American consumers from unsafe and defective products. An extensive review by U.S. Senate Committee on Commerce, Science, and Transportation […]

California’s consumer privacy law takes effect on January 1

The Washington Post today reports on the expected effect of California's consumer privacy law, which was enacted in June 2018 and takes effect on January 1, 2020. The law aims to protect consumers from having their information sold without their knowledge or consent. The article — Calif consumer privacy law can affect businesses across U.S. […]

Investigation into the smartphone tracking industry

The New York Times has a lengthy piece today on location tracking through smartphones. Every minute of every day, everywhere on the planet, dozens of companies — largely unregulated, little scrutinized — are logging the movements of tens of millions of people with mobile phones and storing the information in gigantic data files. The Times […]

“The Decade Class Actions Were Gutted”

An article in Slate today addresses the Supreme Court's cases greatly restricting the availability of class actions as a recourse for the powerless against the powerful, largely through an atextual expansion of the Federal Arbitration Act. As the article notes, "[t]he swift decline of class actions over the last decade is regularly framed as an […]

Why a Wealth Tax is Definitely Constitutional

That's the name of this article by law profs John Brooks and David Gamage. Here is the abstract: Wealth tax reform proposals are playing a major role in the 2020 presidential campaign. However, some opponents of these wealth tax reform proposals have claimed that a wealth tax would be unconstitutional. Other prominent critics have argued […]

NY Times: This Is What Racism Sounds Like in the Banking Industry

Here.  Excerpt: Jimmy Kennedy earned $13 million during his nine-year career as a player in the National Football League. He was the kind of person most banks would be happy to have as a client. But when Mr. Kennedy tried to become a “private client” at JPMorgan Chase, an elite designation that would earn him […]

Dep’t of Education’s continuing efforts to withhold full relief for students defrauded by Corinthian Colleges

NPR reports today on Secretary Betsy DeVos's decision to overrule the decision to forgive the federal student loans of students defrauded by now-defunct Corinthian Colleges and ITT. The story is here. Also today, the Department announced a new methodology for determining whether and if so how much relief to provide to student borrowers defrauded by […]

Supreme Court Addresses Discovery Rule for FDCPA Statute of Limitations

The Supreme Court this morning decided Rotkiske v. Klemm, No. 18-328, holding that absent the application of an equitable doctrine, the FDCPA’s statute of limitations begins to run on the date on which the alleged FDCPA violation occurs, not the date on which the violation is discovered. The question in Rotkiske was whether a discovery […]