Avant, LLC, an online lending company, has agreed to settle the Federal Trade Commission’s charges that it engaged in deceptive and unfair loan servicing practices, including imposing unauthorized charges on consumers’ accounts and unlawfully requiring consumers to consent to automatic payments from their bank accounts. According to the FTC’s complaint, Avant offers unsecured installment loans […]
Matthew A. Bruckner of Howard, Brook Gotberg of Missouri, Dalié Jiménez of Irvine and Harvard's Center on the Legal Profession, and Chrystin D. Ondersma of Rutgers have written No-Contest Discharge for Uncollectable Student Loans, forthcoming in the University of Colorado Law Review (2020). Here is the abstract: Over 44 million Americans owe more than 1.4 trillion […]
Senators Mark Warner (D-VA) and Deb Fischer (R-NE) have introduced a bill to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data. Dark patterns refers to online interfaces in websites and apps designed to intentionally manipulate users into taking actions they would […]
Twelve corporate and four individual defendants have settled Federal Trade Commission charges that they deceptively marketed “cognitive improvement” supplements using sham news websites containing false and unsubstantiated efficacy claims, references to non-existent clinical studies, and fraudulent consumer and celebrity endorsements. The FTC also alleged that the defendants used affiliate marketers to make deceptive claims about […]
by Jeff Sovern This transcript of the young Kathleen Kraninger has recently been unearthed: Adult: Did you eat the chocolate chip cookies? Kraninger: I will stipulate that there were chocolate chip cookies and that they are no longer here. Adult: Did you eat them? Kraninger: I understand what you're getting at. Adult: Did you take […]
Myriam Gilles and Gary Friedman have written Rediscovering the Issue Class in Mass Tort MDLs. Here's the abstract: For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses of tort actions sent their way by the JPML. Even the badges and incidents of […]
Read this new report by U.S. PIRG about how banks market debit cards on college campuses — cards that come with significant fees. The gist is that banks pay colleges big bucks via "paid marketing agreements" that give the banks the right to market student card accounts that will receive certain funds, such as student […]
Imre S. Szalai of Loyola of New Orleans has written The Prevalence of Consumer Arbitration Agreements by America’s Top Companies, 52 U.C. Davis L. Rev. Online 233 (2019). Here is the abstract: This article present the results of a study that examines the use of arbitration agreements by the top 100 Fortune Magazine-ranked largest domestic […]
Joel R. Reidenberg of Fordham, together with four co-authors, has written Trustworthy Privacy Indicators: Grades, Labels, Certifications and Dashboards, 96 Washington University Law Review (2019). Here's the abstract: Despite numerous groups’ efforts to score, grade, label, and rate the privacy of websites, apps, and network-connected devices, these attempts at privacy indicators have, thus far, not been […]
Here are Sara's revised statistics, and the listings appear after the jump: 110 classes total (53.92%) 32 clinics total (15.69%) 89 only offer a class (43.63%) 11 only offer a clinic (5.39%) 21 offer both (10.29%) 121 offer either (59.31%)