by Jeff Sovern It sounds like the House will vote on, and presumably pass, the Senate bill as is. In return, the Senate will take up certain as-yet-unidentified House bills that passed by a margin of at least two-thirds, meaning that at least some Democrats voted for them. It's not clear, but it looks like […]
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American Banker reports that the "White House is dragging out the nomination of a permanent director for the Consumer Financial Protection Bureau to ensure that acting CFPB Director Mick Mulvaney calls the shots at the agency until the end of the year or longer." President Trump is expected to name J. Mark McWatters, the chairman […]
Eight of the 10 financial institutions that are the subjects of the most complaints in the Consumer Financial Protection Bureau public database contributed to acting Director Mick Mulvaney while he was in Congress, according to an analysis published today by Public Citizen. Since 2012, the CFPB has maintained the publicly available database of consumer complaints […]
The Wall Street Journal reports: "Wells Fargo said Friday it reached a $480 million preliminary settlement agreement in a securities fraud class-action suit. The settlement comes at a difficult time for Wells Fargo, which is dealing with multiple investigations and settlements. The problems kicked off in September 2016 when its sales-practices scandal erupted, and the […]
by Jeff Sovern It remains unclear whether the House would simply pass the Senate bill (which seems more likely after recent remarks by House Financial Services Chair Hensarling) or whether the two chambers will negotiate changes, but Reuters reports here that House majority leader McCarthy has said the House vote could come this month. The […]
The Federal Trade Commission and the Food and Drug Administration today jointly issued 13 warning letters to manufacturers, distributors, and retailers for selling e-liquids used in e-cigarettes with labeling and/or advertising that resemble kid-friendly food products, such as juice boxes, candies, or cookies, some of them with cartoon-like imagery. Several of the companies receiving warning […]
by Jeff Sovern On April 18, the Senate Commerce Committee held a hearing on Robocalls. Among the witnesses was Adrian Abramovich, against whom the FCC has filed a forfeiture proceeding in which it seeks a penalty of $120 million. Abramavich, who testified under subpoena, commented that when he receives robocalls, he declines them or doesn't […]
That's the topic of Consumer Remedies for Civil Rights by law prof Kate Elengold. Here's the abstract: This article considers whether the consumer protection doctrine offers a more promising avenue to remedying certain forms of discrimination than the anti-discrimination doctrine. Using a housing discrimination story as a case study, it breaks down the doctrinal trade-offs between seeking […]
In addition to taking the case that Brian blogged about below, the Supreme Court this morning granted a petition in Lamps Plus Inc. v. Varella, which raises the question presented: Whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used […]
The Supreme Court today granted cert in Frank v. Gaos, No. 17-961, concerning the validity of a cy pres award in a consumer class action against Google. The cert petition, response, reply, and amicus briefs are here. The question presented is Whether, or in what circumstances, a cy pres award of class action proceeds that provides […]