Category Archives: Uncategorized

Sixth Circuit Implicitly Embraces Dendrite Balancing Standard for Protecting Anonymous Speech

by Paul Alan Levy In a decision issued on Tuesday in Signature Management Team v. Doe, the Court of Appeals for the Sixth Circuit implicitly adopted the majority rule followed in the state courts that have addressed the issue, holding that a plaintiff seeking to identify an anonymous defendant in order to pursue litigation over […]

Supplement sellers settle false advertising charges with FTC and Maine

A health products company called Health Research Laboratories and its owner Kramer Duhon have agreed to settle charges by the Federal Trade Commission and the State of Maine that they deceived consumers with promises that their products could treat everything from arthritis to memory loss. The proposed federal court order announced today bars the defendants from […]

Professor Chris Peterson’s study on why the republican version of the CFPB — contained in the Financial Choice Act of 2017 — would be bad for consumers

If you want to learn what the CFPB would look like if republican plans to defang it were enacted, law prof Chris Peterson has done a study for you: Choosing Corporations Over Consumers: The Financial Choice Act of 2017 and the CFPB. Here is the abstract: The Consumer Financial Protection Bureau (CFPB) is the U.S. Government’s […]

Federal district court rules, at TRO stage, that Mulvaney (not English) is the Acting CFPB head

This article by C. Ryan Barber says that  U.S. Justice Department lawyers convinced [U.S. district judge Timothy] Kelly that the Federal Vacancies Reform Act should control the outcome of the leadership dispute. That law gives the president wide authority to install Senate-confirmed acting heads at executive agencies. Kelly said the text of the vacancies law applies […]

White House’s Mulvaney tells CFPB staff to ‘disregard’ Leandra English

Lots of stories and legal analysis today about the dispute over whether the President can name an acting director of the Consumer Financial Protection Bureau or whether the deputy director, by statute, has become the acting director. And Reuter's reports that the President's pick, OMB Director Mick Mulvaney, has instructed staff to disregard any directions […]

Homeland Security Inspector General Pegs Back Misuse of Importation Summons Authority

by Paul Alan Levy Last spring, Twitter received a fair amount of attention for fighting a patently bogus attempt by the Department of Homeland Security to abuse its statutory authority to investigate the importation of goods as the basis for to issuing an administrative summons seeking to identify the owners of a Twitter account  hostile […]

Tobacco companies to begin “corrective” advertising

The major tobacco companies will soon "launch a court-ordered national advertising campaign to end a massive fraud and racketeering case that the federal government brought against the industry nearly two decades ago. The campaign will run on TV, in newspapers, online and on cigarette packaging," the online news outlet FairWarning reports. The ads will be […]

Politico: What’s next for the CFPB’s work on higher education issues

An article in Politico reviews the Consumer Financial Protection Bureau’s work on a range of on a wide range of issues relating to student loans and for-profit colleges, and discusses how the Trump Administration might undo that work. Read "What's next for the CFPB's work on higher education issues" here.