Category Archives: Uncategorized

The effect of ALL CAPS in consumer contracts

Take a look at All-Caps by law profs Yonathan Arbel and Andrew Toler. Here is the abstract: A hallmark of consumer contracts is long blocks of capitalized text. Courts and legislators believe that such “all-caps” clauses improve the quality of consumer consent and thus they will often require the capitalization of certain key terms in […]

How Facebook stalks you — even when you’re not using Facebook

A column in the Washington Post today explains Facebook's new "Off-Facebook Activity" tool and suggests privacy settings you can change. Ever suspect the Facebook app is listening to you? What we now know is even creepier. Facebook is giving us a new way to glimpse just how much it knows about us: On Tuesday, the […]

Seventh Circuit rules on a court’s authority to issue notice to members of an FLSA collective action subject to contested arbitration agreements

Take a look at the Seventh Circuit's January 24 decision in Bigger v. Facebook, Inc., No. 19-1944. The Seventh Circuit succinctly sets out the dispute and its holding: This case presents the question whether a court may authorize notice to individuals [who are putative members of a Fair Labor Standards Act "collective" action and] who […]

Briefing on the constitutionality of the CFPB

The briefing is almost complete in Seila Law. v. Consumer Financial Protection Agency. In that case, the Supreme Court will consider whether the structure of the CFPB, which was established by the Dodd-Frank Wall Street Reform Act of 2010, violates the separation of powers because the agency has a single direct who is removable by […]

How protective orders impede public safety

Reuters reports on how protective orders sealing evidence about defective cars, drugs, and other products from public view can hide health and safety information from the public and impede government agencies — such as the Consumer Product Safety Commission and the Food and Drug Administration — from protecting the public. The article is here.

Apps are sharing your personal information. Are they violating data privacy laws?

A report released Tuesday by the Norwegian Consumer Council, a government-funded nonprofit organization in Oslo, describes how apps on our phones systematically violate users’ privacy collecting and sharing information with third-party advertisers without users’ knowledge or consent. The report "demonstrate[s] how every time we use our phones, a large number of shadowy entities that are […]

New report on safety risks faced by travelers and limits on their legal rights

The Center for Justice & Democracy at New York Law School has released a report examining both safety risks and disappearing legal rights for commuters and business travelers. The study presents an overview of some of the most common yet dangerous methods of transportation today and explores the shrinking legal options available to individuals harmed […]

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 […]