A new ProPublica article reports that, “[f]rom a powerful chemical industry that helped write the toxic substances law to an underfunded EPA lacking in resolve, the flaws in the American chemical regulatory apparatus run deep.” When ProPublica published stories this fall cataloging new evidence that American chemical workers are being exposed to asbestos, readers reacted […]
by Jeff Sovern As I prepare to teach consumer law in the spring, I’m leaning towards adding a new case to the course, Bibbs v. TransUnion, LLC, 43 F.4th 331 (3rd Cir. 2022). First, take a look at what the court called a snapshot of the plaintiff’s credit report: Do you understand it (if […]
by Jeff Sovern New York Times reporter Emily Flitter's book The White Wall: How Big Finance Bankrupts Black America is an exploration of racism in American financial institutions, including banks, insurers, and brokerage houses. The book includes stories of how Black customers and employees are mistreated by these institutions, and places their treatment in a […]
The Washington Post reports that an outside group that was asked to examine problems at the Food and Drug Administration in the wake of an infant formula crisis this year offered a scathing indictment of the agency’s structure and culture and recommended major restructuring. The task force’s first suggestion was to create separate food and […]
In 2010, Congress passed the Family Smoking Prevention and Tobacco Control Act, which, among other things, required the Food and Drug Administration to issue a rule requiring graphic warning labels covering the top half of the front and back of cigarette packs and 20% of cigarette advertising. Ruling in a case challenging the regulation, brought […]
The Center for Responsible Lending reports: “New data from the bipartisan polling team Lake Research Partners and Chesapeake Beach Consultingi shows that voters across the political spectrum overwhelmingly support the ongoing mission of the Consumer Financial Protection Bureau (CFPB) to regulate the financial industry and protect consumers. The new findings are consistent with over 10 […]
The Federal Communications Commission recently issued a unanimous decision on ringless voicemails — that is, messages left in voicemail boxes without ringing the consumers' cell phones. The FCC determined that ringless voicemails are “calls” and, therefore, require consumers’ prior express consent under the Telephone Consumer Protection Act. The FCC's press release and ruling are available […]
Nearly half of the children caught in cords for shades, blinds, or other window coverings die — close to 100 kids died of strangulation from window covering cords in 2021 — according to data from the Consumer Product Safety Commission. Two years ago, Canada announced a regulation strictly limiting the length of window covering cords […]
Having lost a motion for a preliminary injunction in the lower courts, various tobacco companies are asking the Supreme Court to enjoin a California law banning the sale of flavored tobacco products from going into effect as scheduled on December 22. The companies argue that the federal Tobacco Control Act preempts the state law and […]
Alison Frankl at Reuters writes that a pending appeal asks the Ninth Circuit to approve arbitration provisions that block "mass arbitrations." As the article explains: "Verizon’s consumer contract, in essence, eliminates consumers’ ability to arbitrate en masse, thus neutralizing their leverage from the steep initial arbitration fees companies are required to pay under AAA rules. […]