Second Circuit Joins Consensus Holding TCPA Plaintiffs Have Standing Under Spokeo

The Telephone Consumer Protection Act (TCPA) provides people whose cell phones receive unconsented-to, autodialed calls and texts a right to sue. Since the Supreme Court's decision in Spokeo, Inc.  v. Robins, 136 S. Ct. 1540 (2016), which held that statutory violations unaccompanied by "concrete injuries" do not provide a plaintiff with "standing" to sue in […]

Consumer Reports article on barrier to information about defective products

Section 6(b) of the Consumer Product Safety Act generally requires the Consumer Product Safety Commission to get permission from a manufacturer before releasing to the public any information about a defective product that would reveal the identity of the manufacturer. Even when the CPSC announces an alert or recall, companies often can restrict the information […]

Fourth Circuit Invalidates TCPA’s Government Debt-Collection Exception

In 2015, Congress amended the Telephone Consumer Protection Act (TCPA) to exempt calls made to collect a debt owed to or guaranteed by the federal government from the TCPA’s ban on unwanted robocalls to cell phones. Last week, in a case called American Association of Political Consultants v. FCC, the U.S. Court of Appeals for […]

Court of appeals rejects payday lender’s claim of “tribal sovereign immunity”

The Second Circuit today decided a case involving payday lending and forced arbitration, ruling for the plaintiffs on two important issues. In Gingras v. Think Finance, Vermont residents who claim that the payday loans violate Vermont usury and consumer protection laws as well as federal laws including the RICO statute sued the operators of an […]

How can you protect your privacy online?

How can you protect your privacy online? A New York Times article today suggests that you can't. People concerned about privacy often try to be “careful” online. They stay off social media, or if they’re on it, they post cautiously. They don’t share information about their religious beliefs, personal life, health status or political views. […]

Odinet article on student debt, fintech, and discrimination

Christopher K. Odinet of Oklahoma has written The New Data of Student Debt, 92 Southern California Law Review (Forthcoming). Here is the abstract: Silicon Valley is increasingly setting its sights on student lending. Financial technology (fintech) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance […]

Prince & Schwarcz article on how AI is a game-changer for proxy discrimination

Anya Prince of Iowa and Daniel Schwarcz of Minnesota have written Proxy Discrimination in the Age of Artificial Intelligence and Big Data, Iowa Law Review, Forthcoming. Here's the abstract: Big data and Artificial Intelligence (“AI”) are revolutionizing the ways in which firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats […]