Industry knows damn well that forced arbitration is unfair

Isn't that why the HR director at Wells Fargo, in explaining why his company was getting rid of forced arbitration of sexual-harassment claims, observed that "Wells Fargo has zero tolerance for sexual harassment"? So, for really bad stuff, it's only fair to let people go to court. Is that it? Does the company tolerate just […]

Arbitration: Be Careful What You Wish For

It's no secret that many companies use arbitration agreements with class-action bans not because they want to arbitrate claims, but because they want to avoid claims altogether. When large numbers of consumers or employees share a claim and can't bring a class action, defendants can usually expect that few if any will come forward and […]

Jim Hawkins Paper: Earned Wage Access and the End of Payday Lending

Jim Hawkins of Houston has written Earned Wage Access and the End of Payday Lending. Here is the abstract: Fintech companies have developed a financial product that allows employees to gain access to wages that they have already earned before their scheduled payday. The fee for getting an earned wage advance is usually small, making this […]

Trump looks to gut student-loan forgiveness programs

I was surprised to see this headline given Trump's reverence for education and that he once headed a university himself. But it appears to be true. In Trump looks to kill student loan forgiveness program, Annie Nova explains that  As student debt continues to climb, President Donald Trump on Monday released a budget for 2021 […]

Porter v. Kraninger

by Jeff Sovern Twice a year, CFPB Director Kathy Kraninger testifies before the House Financial Services Committee about the Bureau's Semi-Annual Report. A committee member I always look forward to hearing from is Katie Porter, a former law professor at UC-Irvine, among other schools, with an impressive record of consumer law scholarship and accomplishment. Representative […]

D.C. Circuit holds that members of Congress lack standing to sue over Trump’s (alleged) Emoluments Clause violations

The 12-page decision, by a per curiam panel composed of Judges Henderson, Tatel, and Griffith, is here. The decision includes this paragraph: The Members [of Congress] can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in the Congress and the President himself, all of […]

Teaching Consumer Law Rescheduled

It is with deep regret and disappointment we must inform you that due to events beyond our control, the May 29-30, 2020 Teaching Consumer Law Conference has been cancelled. It has been rescheduled for May 21-22, 2021. We strongly believe that the Conference provides a unique experience for those teaching or interested in teaching consumer […]

Are chain pharmacies repeating the errors that caused Wells Fargo to open unauthorized bank accounts?

by Jeff Sovern A recent NY Times article, Chaos at Chain Pharmacies Is Putting Patients at Risk, reminded me of how the Wells Fargo quotas drove Wells employees to open unauthorized accounts.  There's a lot in the article, but here are two excerpts: [CVS] Staff members were supposed to persuade 65 percent of patients picking […]

Consumer Reports article on expansion of forced arbitration into consumer products

Arbitration clauses, ubiquitous in financial and telecom services, are increasingly used by sellers of consumer products such as dishwashers and televisions. To get a sense of how often, Consumer Reports looked at the top-selling brands in the 10 product categories receiving the most traffic on its website, plus two types of products designed for safety: […]