Category Archives: Uncategorized

Trump-republican tax reform: Banks saved $3.6 billion last quarter

AP reporter Ken Sweet explains that Big Banks Saved $3.6B in Taxes Last Quarter Under New (Tax) Law. An excerpt: The nation's six big Wall Street banks posted record, or near record, profits in the first quarter, and they can thank one person in particular: President Donald Trump. While higher interest rates allowed banks to earn […]

Teaching Consumer Law Conference is Next Month

Register Now for the tenth biennial Teaching Consumer Law Conference "Teaching Consumer Law–Where We've Been–Where We're Going." It will be held in Santa Fe, New Mexico, May 18-19th. The Conference is designed for those teaching consumer law, those interested in teaching consumer law full-time or as an adjunct, and anyone interested in discussing the current […]

More on congressional effort to kill CFPB’s auto lending guidance

Following up on Jeff's post yesterday, read Nikitra Bailey's piece in the American Banker entitled Scrapping CFPR auto lending rule would only lead to more discrimination. Here's an excerpt: A group of senators is working to make it easier for automobile dealers to discriminate against consumers of color, setting them up to pay unfair additional fees on their loans. […]

Preemption and medical-product liability

Some of the people who read this blog — both lawyers and injured patients — must respond to preemption defenses in their medical-product litigation. You may want to read Catherine Sharkey's Field Preemption: Opening the 'Gates of Escape' from Tort Law. Here is the abstract: Richard Epstein remains a (lone) staunch defender of field preemption of […]

Ninth Circuit Refuses to Vacate Judgment in Bogus Copyright Suit Brought in the Name of a Monkey

by Paul Alan Levy Last year, oral argument was held in the Ninth Circuit on the appeal filed by People for the Ethical Treatment of Animals, purportedly representing a monkey suing to assert its copyright in a photo that it supposedly deliberately took of itself by causing the operation of a camera. The trial court […]

CFPB requesting comment on consumer complaint database

Yesterday, the Consumer Financial Protection Bureau issued a Request for Information (RFI) on its consumer complaint database and handling of consumer complaints submitted to it: The Bureau is seeking comments and information from interested parties to assist the Bureau in assessing its handling of consumer complaints and consumer inquiries and, consistent with law, considering whether […]

Payday lending group sues CFPB

Earlier this week, a payday pending group, the Community Financial Services Association of America, sued the Consumer Financial Protection Bureau to challenge the payday lending rule issued last fall. The complaint also claims that the CFPB's structure is unconstitutional. The suit was filed in federal court in Texas. The complaint is available here. The Washington […]

A different view of section 230 of the Communications Decency Act

Law prof Benjamin Zipursky has written The Monsanto Lecture: Online Defamation, Legal Concepts, and the Good Samaritan. Here's the abstract: Federal and state courts around the country – aided by academics on almost all sides – have completely misread the Communications Decency Act [“CDA”] § 230(c). This widely cited provision was designed to protect Internet service […]

Should consumer-protection law protect “consumers” when they are sellers (not just when they are buyers)?

Law prof Jim Hawkins has written Protecting Consumers as Sellers. Here's the abstract (with a few words added at the end by me): When the majority of modern contract and consumer protection laws were written in the 1950s, 60s, and 70s, consumers almost always acted as buyers, and businesses almost always acted as sellers. As a […]