House Could Vote on Senate Dodd-Frank Amendments as Soon as This Month

by Jeff Sovern It remains unclear whether the House would simply pass the Senate bill (which seems more likely after recent remarks by House Financial Services Chair Hensarling) or whether the two chambers will negotiate changes, but Reuters reports here that House majority leader McCarthy has said the House vote could come this month.  The […]

FTC and FDA act against companies marketing nicotine products that resemble children’s juice boxes, candy, and cookies

The Federal Trade Commission and the Food and Drug Administration today jointly issued 13 warning letters to manufacturers, distributors, and retailers for selling e-liquids used in e-cigarettes with labeling and/or advertising that resemble kid-friendly food products, such as juice boxes, candies, or cookies, some of them with cartoon-like imagery. Several of the companies receiving warning […]

Not Even Robocallers Like Getting Robocalls

by Jeff Sovern On April 18, the Senate Commerce Committee held a hearing on Robocalls. Among the witnesses was Adrian Abramovich, against whom the FCC has filed a forfeiture proceeding in which it seeks a penalty of $120 million. Abramavich, who testified under subpoena, commented that when he receives robocalls, he declines them or doesn't […]

Are consumer-law remedies better for protecting people’s civil rights than traditional civil-rights remedies?

That's the topic of  Consumer Remedies for Civil Rights by law prof Kate Elengold. Here's the abstract: This article considers whether the consumer protection doctrine offers a more promising avenue to remedying certain forms of discrimination than the anti-discrimination doctrine. Using a housing discrimination story as a case study, it breaks down the doctrinal trade-offs between seeking […]

Alexandrov & Jiménez Article Finds 2005 Bankruptcy Reforms “Failed Miserably” to Help Students

Alexei Alexandrov, formerly of the CFPB, and Dalié Jiménez of Irvine, Connecticut, and Harvard have written Lessons from Bankruptcy Reform in the Private Student Loan Market, 11 Harvard Law & Policy Review (2017).  Here's the abstract: This article explores the effects of the 2005 bankruptcy amendments in the private student loan market. Overall, our findings suggest that […]

Supreme Court to hear case about class arbitration

In addition to taking the case that Brian blogged about below, the Supreme Court this morning granted a petition in Lamps Plus Inc. v. Varella, which raises the question presented: Whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used […]

Supreme Court grants cert in Google cy pres case: Does this grant put class-action cy pres at risk?

The Supreme Court today granted cert in Frank v. Gaos, No. 17-961, concerning the validity of a cy pres award in a consumer class action against Google. The cert petition, response, reply, and amicus briefs are here. The question presented is Whether, or in what circumstances, a cy pres award of class action proceeds that provides […]

Tackling obesity through regulation

Lawrence Gostin has written Tackling Obesity and Disease: The Culprit Is Sugar; the Response Is Legal Regulation, which discusses a series of regulatory reforms aimed at reducing sugar consumption. Why? Nearly 40% of the American public is obese, and more than 70% is either obese or overweight. Here is Gostin's abstract: It is staggering to observe […]

The craziness of the 2017 tax cuts

Law prof Michael Graetz has written The 2017 Tax Cuts: How Polarized Politics Produced Precarious Policy. Here's the abstract: In this lecture, Michael Graetz contends that the new tax law is unstable. This is hardly surprising because it was rushed through Congress in record time with only Republican votes and no ability for public comments on […]

House May Accede to the Senate Version of the Bill Amending the Dodd-Frank Act

The American Banker reports here that House Financial Services Chair Jeb Hensarling may be moving away from insisting on adding to the Senate bill amending Dodd-Frank provisions the House had passed. Hensarling is a key player in the process and so if he goes along with the Senate version, others are likely to agree. Hensarling […]