“Forever chemicals” show regulatory failures

Writing for the Maine Monitor, Marina Schauffler observes: Going back in time can reveal how far we still have to progress. In researching per- and polyfluoroalkyl substances (PFAS) for a recent article series, I found myself ricocheting between the present and the 1950s and 1960s. That was when the vast class of fluorinated compounds commonly […]

Quick updates on student-loan discharge cases

A few interesting updates concerning student-loan forgiveness or discharge care of Politico this morning: An Education Department judge plans to hold a hearing next week on DeVry University’s appeal of a $23 million penalty stemming from fraud-related loan discharges for its former students. Two for-profit education companies and a non-profit college are appealing a settlement, […]

Supreme Court grants review in case about tribal lending

The Supreme Court on Friday granted review of a case that arises from a payday loan to a consumer from a corporate entity owned by a Native American tribe. The issue in the case is whether the Bankruptcy Code abrogates tribal sovereign immunity. Given the prevalence of internet-based payday lending affiliated with tribal lenders, the […]

Facial Recognition Bars Lawyers for Consumers from Events at Madison Square Garden

The New York Times carries this story  about the use of facial recognition technology to bar any lawyers working at firms who handle litigation against  MSG Entertainment from attending sporting events, or even holiday shows, at Madison Square Garden.  New York’s old law protecting theatre critics from being excluded after they panned a show has […]

Three Cheers for the CFPB’s Proposed Rule Obliging Nonbanks to Register Terms Waiving/Limiting Consumer Protections

by Jeff Sovern As Allison posted on Wednesday, the CFPB has proposed a rule obliging nonbanks that it supervises to register the contractual standard terms they use that waive or limit consumer rights. The Bureau would then make the terms public. I think this is a great idea for several reasons. We all know that […]

A Valediction: Long-time Consumer Advocate Richard Cleland Hangs Up His Spurs

After taking his sweet time to do so, my old and good friend Rich Cleland retired from the FTC at the end of 2022. I first met Rich about 40 years ago, when he ran the great Iowa AG Tom Miller’s Consumer Protection Division and I was working for the late great Texas AG Jim […]

What happened to the House Financial Services Committee’s Consumer Protection Subcommittee?

by Jeff Sovern. During the last Congress, when the House Financial Services Committee was led by Representative Maxine Waters, the Committee included a subcommittee named Consumer Protection and Financial Institutions. Alas, it is no more. It has evidently been replaced by the Subcommittee on Financial Institutions and Monetary Policy now that Representative McHenry is the […]

CFPB proposes public registry of terms in form contracts

Today, the Consumer Financial Protection Bureau proposed a rule to establish a public registry of supervised nonbanks’ terms and conditions in “take it or leave it” form contracts that claim to waive or limit consumer rights and protections, like bankruptcy rights, liability amounts, or complaint rights. In some cases, terms and conditions in non-negotiable form […]

Meta (aka Facebook) is changing its ad algorithm to address charges that it facilitated housing discrimination

Meta is changing its ad distribution system, as required by a settlement with the US Department of Justice, to prevent discriminatory advertising in violation of the Fair Housing Act. The settlement, entered into last June, resolved a lawsuit filed in New York by DOJ last June, which alleged that Meta’s system allowed advertisers to exclude […]