Virginia Political Figures Should Not Be Able to Subpoena the Name of a Hostile Blogger

by Paul Alan Levy A new Virginia case presents one of the less-frequently-litigated issues in the realm of the First Amendment right to speak anonymously — when the identity of an anonymous blogger (or other Internet speaker) can be demanded not so that she can be served with a summons in a lawsuit alleging that […]

Report: CFPB name change could cost firms $300 million

The Hill reports that changing the name of the Consumer Financial Protection Bureau could cost the businesses it regulates more than $300 million. Banks, lenders and other financial services firms subject to CFPB supervision could be required to spend millions of dollars if the agency goes through with a rebranding proposal from acting Director Mick […]

Concern about FCC proposal on texts messages

The Federal Communications Commission recently released a proposal "to reduce unwanted robocalls and support blocking of spam robotexts." A Washington Post editorial today argues that the FCC proposal on spam texts "empowers companies instead of consumers." The gist of the issue is this: The FCC announced in November that it plans formally to classify text […]

Amendments to Federal Rules of Civil Procedure go into effect

Amendments to Rules 5, 23, 62, and 65.1 went into effect yesterday. You can view them, as well as amendments to the Federal Rules of Appellate Procedure, here. Of particular interest for consumer law are the amendments to Rule 23, which provide grounds for the district court's approval of a proposed class-action settlement, disclosure of […]

Paper: Geography of Credit Invisibility

Kenneth P. Brevoort, Jasper Clarkberg, Michelle Kambara, and Benjamin Litwin, all currently or formerly at the CFPB, have written The Geography of Credit Invisibility. Here's the abstract: This study builds on the Bureau’s earlier work and examines the relationship between geography and credit invisibility. The importance of geography in accessing credit has been long-standing concern for […]

Senate votes to consider Trump’s nomination of Kraninger to head CFPB

Here, in The Hill. Excerpt: Senators voted 50-49, along party lines, to end debate on Kathy Kraninger’s nomination to be the next CFPB director, with no Democrats supporting her. Kraninger is likely to be confirmed next week after a contentious Senate floor debate over her selection.

“What, never?” “No, never!” “What, never?” “Well, hardly ever!” The Supreme Court, Rule 23(f), and Gilbert & Sullivan

When a federal district court certifies, refuses to certify, or decertifies a class, Federal Rule of Civil Procedure 23(f) gives a party 14 days to ask a court of appeals for permission to appeal the ruling. But what if a party seeks permission outside the 14-day window because some circumstance prevented action within 14 days or […]

CFPB Ombudsman’s Office 2018 Annual Report

The Ombudsman explains: "At the Ombudsman’s Office, we are an independent, impartial, and confidential resource that assists consumers, financial entities, consumer or trade groups, and others in informally resolving process issues with the Bureau. In short, we advocate for fair process in consumer financial protection. As in previous years, our annual report outlines our work […]

New group to focus on state and local student loan efforts

The New York Times profiles a new watchdog group started by a CFPB alum to focus on student loan issues: Three months ago, one of the government’s top student loan watchdogs, Seth Frotman, stepped down from his job at the Consumer Financial Protection Bureau with a scathing resignation letter that criticized the Trump administration for […]