Law360 has the story here. The other current FTC Commissioner, Maureen K. Ohlhausen, has been nominated to the bench and so will also leave soon. The Senate is to vote on four nominees–Joseph J. Simons, Rohit Chopra, Christine S. Wilson and Noah Joshua Phillips–on April 28th; the confirmation vote for a fifth nominee, Rebecca Kelly Slaughter, has […]
Some of the people who read this blog — both lawyers and injured patients — must respond to preemption defenses in their medical-product litigation. You may want to read Catherine Sharkey's Field Preemption: Opening the 'Gates of Escape' from Tort Law. Here is the abstract: Richard Epstein remains a (lone) staunch defender of field preemption of […]
by Jeff Sovern I have now listened to the Senate Banking Committee hearing at which Mr. Mulvaney testified about the CFPB (I still haven't heard the House Financial Services Committee hearing). I'm still trying to make sense of Mulvaney's claims about enforcement, which strike me as hard to reconcile. On the one hand, Mulvaney complained […]
Here. Here's more from The Hll and here is David Dayen writing at The Nation.
by Paul Alan Levy Last year, oral argument was held in the Ninth Circuit on the appeal filed by People for the Ethical Treatment of Animals, purportedly representing a monkey suing to assert its copyright in a photo that it supposedly deliberately took of itself by causing the operation of a camera. The trial court […]
The LA Times report is here.
Yesterday, the Consumer Financial Protection Bureau issued a Request for Information (RFI) on its consumer complaint database and handling of consumer complaints submitted to it: The Bureau is seeking comments and information from interested parties to assist the Bureau in assessing its handling of consumer complaints and consumer inquiries and, consistent with law, considering whether […]
Mulvaney's written testimony is here. InsideArm.com has detailed coverage here. The LA Times story is here. Excerpt: Mulvaney acknowledged that although the bureau had averaged opening one new enforcement action a week under Cordray, he had launched none since taking over. That triggered astonishment from Rep. Carolyn Maloney (D-N.Y.). "Are you telling me that every […]
Earlier this week, a payday pending group, the Community Financial Services Association of America, sued the Consumer Financial Protection Bureau to challenge the payday lending rule issued last fall. The complaint also claims that the CFPB's structure is unconstitutional. The suit was filed in federal court in Texas. The complaint is available here. The Washington […]
by Jeff Sovern According to Politico, here's what Mulvaney himself said about it: POLITICO’s Katy O'Donnell: “The Consumer Financial Protection Bureau is planning for the likelihood that acting Director Mick Mulvaney will remain in place through the end of the year, Mulvaney said today at a banking industry conference. “‘If it takes a year and […]