In today's decision in Hagy v. Demers & Adams, the Sixth Circuit held that a bare allegation that a debt collector's letter that fails to say it's "from a debt collector" as required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e(11), is not an article III injury under the Supreme Court's decision […]
Elise M. Nelson of Freshfields Bruckhaus and Joshua D. Wright of George Mason have written Judicial Cost-Benefit Analysis Meets Economics: Evidence from State Unfair and Deceptive Practices Laws, 81 Antitrust Law Journal (2017). Here is the abstract: Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce." […]
Here, by Kate Berry (behind a paywall). The most potent weapon is, of course, the Bureau's UDAAP powers. Excerpt: [The Bureau's] vision statement unveiled as part of the new strategic plan dropped any reference to so-called UDAAP claims, suggesting that the agency will not use the Dodd-Frank authority as the same kind of blunt enforcement […]
by Jeff Sovern In a blog post Tuesday, I asked Am I the only one who thinks it's weird for a temporary and part-time CFPB director to create a five-year strategic plan? But as Barbara S. Mishkin pointed out in the Consumer Finance Monitor, the CFPB is obliged to issue a strategic plan this month by […]
ProPublica has an article about the Consumer Financial Protection Bureau today. Here is the lead: Born as a fiercely independent agency meant to protect citizens, the Consumer Financial Protection Bureau has quickly been subsumed into the Trump administration. Banks, student-loan agencies and payday lenders are the winners. The full article is here.
Former Director of the Consumer Financial Protection Bureau Richard Cordray has an op-ed in the Washington Post today, expressing concerns about the agency's current path: The CFPB was designed to serve as a tough and independent watchdog for consumers. Yet Trump and White House budget director Mick Mulvaney, the bureau’s putative acting head, have bullied […]
by Jeff Sovern Mike posted earlier today about Berkeley's new Center for Consumer Law and Economic Justice, funded by a major gift from Elizabeth Cabraser and to be headed at least for now by Ted Mermin, a terrific choice. Berkeley also has Chris Hoofnagle, a prolific writer on privacy and consumer law. With this gift, Berkeley joins Georgetown […]
With a $3.5 million gift from Elizabeth Cabraser, Berkeley Law is launching the Berkeley Center for Consumer Law and Economic Justice. Additional info is available here. According to the press release, the center will "deliver research and analysis to fuel meaningful policy change. It will produce white papers, file amicus briefs in consumer cases in […]
The decision is Tatis v. Allied Interstate. Applying the "least sophisticated consumer" standard and following decisions of the Fifth, Sixth, and Seventh circuits, the court summarizes its decision this way: This appeal arises under the Fair Debt Collection Practices Act …. The question presented is whether a collection letter sent to collect a time-barred debt that […]
by Jeff Sovern Last month, the Department of Justice issued a policy that as DOJ describes it in its announcement of the policy, "prohibits the Department of Justice from using its civil enforcement authority to convert agency guidance documents into binding rules." Times coverage is here. What implications does this have for consumer law? Strictly speaking, […]