FTC settlement bans phantom-debt collectors from industry

From a Federal Trade Commission press release: A group of phantom debt collectors will be permanently banned from the debt collection industry and required to surrender the contents of numerous bank and investment accounts under the terms of a settlement with the Federal Trade Commission. The FTC’s complaint against South Carolina-based National Landmark Logistics, filed […]

CFPB opens inquiry into “Buy Now, Pay Later” credit

The Consumer Financial Protection Bureau has issued a series of orders to five companies offering “buy now, pay later” credit. The orders to collect information on the risks and benefits of these fast-growing loans went to Affirm, Afterpay, Klarna, PayPal, and Zip. The CFPB explained that it is concerned about accumulating debt, regulatory arbitrage, and […]

Judge Issues “Gag Order” Forbidding Disclosure of “Confidential Information” in Records Mistakenly Disclosed under New Jersey’s Open Public Records Act

I first posted about this case about early last month. In releasing documents electronically pursuant to a public records request, a local government body in New Jersey made a rookie error: using software (presumably Word) to perform redactions in a manner that was easily undone when the requester opened the provided PDF documents using his […]

Block-LIeb & Janger article proposes changes in unconscionability rules

Susan Block-Lieb of Fordham and Edward J. Janger of Brooklyn have written Fit for its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, 59 Houston Law Review 3 (2021). Here’s the abstract: The history of consumer goods and consumer credit markets presents an anomaly: market transactions for consumer goods and credit […]

Blasie on Plain Language Laws

Michael Blasie of Pennsylvania State University, Dickinson Law has written The Rise of Plain Language Laws, University of Miami Law Review, 2022 Forthcoming. Here is the abstract: When lawmakers enacted 778 plain language laws across the United States, no one noticed. Apart from a handful, these laws went untracked and unstudied. Without study, large questions remain […]

Chandrasekher study finds lack of diversity among arbitrators

Andrea Chandrasekher of California, Davis has written An Empirical Investigation of Diversity in U.S. Arbitration. Here is the abstract: For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of “forced arbitration” whereby […]

Showdown at the Second Circuit on the Standards Protecting Onine Anonymity

by Paul Alan Levy An important case about anonymous online speech is hurtling toward a decision in the Second Circuit. The situation is worrisome because defendants are so unsympathetic and the plaintiff’s legal claims seem to me very strong. The danger is that the trial judge’s dismissive treatment of the right to speak anonymously could […]

More baseless and unethical demand letters from Mathew Higbee

by Paul Alan Levy It’s been some time since I have had occasion to write about Mathew Higbee’s use of baseless threats of litigation seeking to wring undeserved dollars out of alleged copyright infringers. To be sure, many of his demand letters seek remedies for plainly infringing uses, even if his monetary demands tend toward […]