Over the past few years, the law firm Higbee and Associates (based in Los Angeles, although it pretentiously labels itself a “National Law Firm”) has become identified with a pattern of making aggressive and, in many cases, unsupportable demands for the payment of significant sums of money by individuals and nonprofits whose web sites feature […]
In 2017, the Consumer Financial Protection Bureau issued a rule to protect borrowers from payday lending practices that harmed consumers. Today it proposed to eliminate several important protections that it earlier adopted to prevent industry practices from trapping low-income people in cycles of debt. I have not yet had a chance to read proposal in […]
In an en banc decision late last week, the U.S. Court of Appeals for the Ninth Circuit held that a San Francisco ordinance requiring ads for sugar-sweetened beverages to warn of the link between overconsumption and obesity violates the First Amendment. The decision indicates that the Supreme Court's decision last term in National Institute of […]
It includes lectures by Omri Ben-Shahar on economic analysis of consumer protection law and Jonathan Masur on the behavioral law & economics of consumer choice. More here.
The Consumer Financial Protection Bureau today filed a proposed settlement with several payday lenders: NDG Financial Corp., E-Care Contact Centers, Ltd., Blizzard Interactive Corp., New World Consolidated Lending Corp., New World Lenders Corp., Payroll Loans First Lenders Corp., New World RRSP Lenders Corp., Northway Financial Corp., Ltd., and Northway Broker, Ltd., as well as several […]
I missed this last week: The Consumer Financial Protection Bureau settled a case against Mark Corbett, a broker of contracts offering high-interest credit to veterans. The CFPB explained that it "found that Corbett violated the Consumer Financial Protection Act of 2010 by misrepresenting to consumers that the contracts he facilitates are valid and enforceable when, […]
Can a consumer sue if a company took that consumer’s biometric information without first getting the consumer’s informed consent? Yes, said the Illinois Supreme Court in a January 25, 2019 unanimous opinion in Rosenbach v. Six Flags Entertainment Corporation. This decision is a clear win for consumer privacy. (Disclosure: I served as co-counsel on an […]
Law prof Rhonda Wasserman has written Ascertainability: Prose, Policy, and Process. "Ascertainability" is a judge-made doctrine about, among other things, whether a would-be class representative must prove that there is an administratively feasible means of identifying class members before the court may certify a case as a class action. Here's the abstract: One of the most […]
By Stephen Gardner The Bayer case (for Bayer's widespread deceptions about One-A-Day vitamins), where I was lead counsel until I left private practice (to set up an expert consulting practice), is set for jury trial February 19. As far as I know, this is one of the few (if not the only) supplement fraud class […]
Uri Benoliel of the College of Law and Business – Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held […]