Category Archives: Uncategorized

Cordray op-ed: “The Trump administration is trying to undermine the CFPB. It will fail.”

Former Director of the Consumer Financial Protection Bureau Richard Cordray has an op-ed in the Washington Post today, expressing concerns about the agency's current path: The CFPB was designed to serve as a tough and independent watchdog for consumers. Yet Trump and White House budget director Mick Mulvaney, the bureau’s putative acting head, have bullied […]

Third Circuit: Letter from debt collector seeking to “settle” a time-barred debt could violate the FDCPA

The decision is Tatis v. Allied Interstate. Applying the "least sophisticated consumer" standard and following decisions of the Fifth, Sixth, and Seventh circuits, the court summarizes its decision this way: This appeal arises under the Fair Debt Collection Practices Act …. The question presented is whether a collection letter sent to collect a time-barred debt that […]

Alabama proposes to increase borrowers’ time to repay payday loans

The Alabama legislature is considering a bill that would give borrowers who take out payday loans additional time to pay them back. The bill reportedly has bipartisan support in the Alabama Legislature. Currently, payday lenders in Alabama can require that loans be paid back anywhere from 10 days to 31 days. The bill would set […]

Mandatory arbitration in employment contracts

Law prof Cynthia Estlund has written on that topic in The Black Hole of Mandatory Arbitration. Here's the abstract: What is the impact of mandatory arbitration agreements (MAAs) in employment? It is now several decades since the Supreme Court gave a green light to employers’ imposition of broad MAAs that foreclose litigation over nearly all federal […]

Martin Luther King’s Heirs’ Blatant Abuse of IP Claims to Control His Image

by Paul Alan Levy The current controversy stirred by broad popular revulsion over the Superbowl ad run by Dodge Ram, which included a voice-over excerpted from a speech by Martin Luther King Jr., thus using it to sell a truck, ignores a dirty little secret all-to-well known among those of us who worry about the […]

“Trump administration strips consumer watchdog office of enforcement powers in lending discrimination cases”

The Washington Post reports: "The Trump administration has stripped enforcement powers away from Consumer Financial Protection Bureau office that specializes in pursuing cases against financial firms accused of breaking discrimination laws, according to two people familiar with the matter and emails reviewed by The Washington Post." The full article is here.

Recent Developments in “Fake Litigation”

by Paul Alan Levy In the past few days there have been a couple of significant developments in the area of ”fake litigation” directed at consumer commentary – the use of fraudulent litigation techniques to obtain judicial relief against consumer criticisms of businesses without giving fair notice to the critic, and often using methods calculated […]