The National Consumer Law Center is hiring a LITIGATION DIRECTOR

Job is for the Boston or D.C. Office. Here's the announcement: Director of Litigation opportunity at the National Consumer Law Center The National Consumer Law Center, the country’s preeminent advocate for low-income consumers, proudly traces its roots to the 1960s “War on Poverty” in its work as a support center for legal services offices. NCLC’s […]

WSJ: CFPB working on guidance to force banks to cover more scams on Zelle and similar apps

by Jeff Sovern Here, behind a pay wall. Excerpt: At present, banks generally are only required to repay consumers for payments they didn’t authorize. The coming regulatory guidance could change that threshold by maintaining that fraudulently induced transactions, even those approved by the consumer, are considered unauthorized. That could require a bank to conduct more […]

Will Congress pass an online privacy bill?

by Jeff Sovern The House Energy and Commerce Subcommittee on Consumer Protection and Commerce has forwarded to the full committee a bipartisan bill (draft here, though perhaps not the version the subcommittee approved; section-by-section commentary here). The last I heard, Senator Cantwell, the Senate Commerce Committee chair, had not signed on, putting the bill's future […]

Distracted driving kills thousands of people every year

According to the National Highway Traffic Safety Administration, more than 3100 people were killed in 2020 alone because drivers were distracted. A significant percentage of the problem is caused by cell-phone use while driving. We all see people texting while driving. Sending or reading a text can take the driver's eyes off the road for […]

Chao paper suggests unjust enrichment claims confer standing, even after TransUnion

Bernard Chao of Denver has written Unjust Enrichment: Standing Up for Privacy Rights. Here is the abstract: In TransUnion LLC v. Ramirez, one of the country’s largest credit reporting agencies violated the Federal Credit Report Act (“FCRA”) by failing to “follow reasonable procedures to assure maximum possible accuracy . . ..” As a result, thousands of […]

CFPB issues advisory to protect privacy when companies compile personal data

The Consumer Financial Protection Bureau has issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPB’s new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the […]

Regulators fine BofA $225 million over botched disbursement of unemployment benefits

Today, the Consumer Financial Protection Bureau fined Bank of America $100 million for botching the disbursement of state unemployment benefits at the height of the pandemic. The CFPB said that "Bank of America automatically and unlawfully froze people’s accounts with a faulty fraud detection program, and then gave them little recourse when there was, in […]

Consumer protection and the Supreme Court’s new “major questions doctrine”

On the last day of its term, the Supreme Court issued its decision in West Virginia v. EPA—a decision highly anticipated, and perhaps dreaded, by federal agencies, administrative law experts, and members of the public who care about the ability of the government to act to protect public health, safety, consumer interests, and the environment. […]