Public Citizen today put out a short statement about gift cards and forced arbitration provisions, here.
Allison recently posted about the Trump administration's decision to rescind a Department of Transportation proposal requiring airlines to disclose baggage fees at the start of a ticket purchase. Two things that consumers can do. First, Kayak has what looks like a comprehensive chart of all fees — not just bag fees — for all airlines. Second, complain to DOT about the […]
Read this article on the topic by Kate Berry. The Hill has coverage too. Update: Read the AG's letter.
Yesterday, in Rodriguez-Depena v. Parts Authority, Inc., the U.S. Court of Appeals for the Second Circuit held that wage-and-hour claims under the Fair Labor Standards Act (FLSA) can be forced into binding arbitration under a pre-dispute arbitration agreement. The court rejected the argument that the FLSA guarantees workers access to the courts and thus overrides pre-dispute arbitration […]
In Desrosiers v. Perry Ellis Menswear, the New York Court of Appeals held today that, under New York state procedural law, all members of a putative, uncertified class must be notified of settlement or dismissal. (Since 2003, under Federal Rule of Civil Procedure 23, the rule is just the opposite, and notice is discretionary.) Here's a […]
by Paul Alan Levy Eugene Volokh has a short article this morning about the brief concurring opinion filed by an appellate judge in Breen v. Holmes , 2017 WL 6133325 (La. App. Dec. 7, 2017). The case concerned statements made on social media about a controversial decision by prosecutors not to pursue charges against someone […]
As we enter into the holiday season's orgy of consumerism, you will want to avoid buying toys that risk killing or maiming kids. U.S. PIRG has published it's 32nd annual toy safety report, Trouble in Toyland, to help you do that.
Many flood-damaged cars are all over the country in light of hurricanes Harvey and Irma, and some of them are being foisted on unsuspecting consumers. The Consumer Federation of America has some tips to avoid being duped.
Read The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the New Legislation, by 13 tax law scholars/practitioners. Here is the abstract: This report describes various tax games, roadblocks, and glitches in the tax legislation currently before Congress. The complex rules proposed in the House and Senate bills will allow new tax games and […]
Take a look at the Ninth Circuit's decision today in Roberts v. AT&T Mobility. Here's the court's description of the dispute: Plaintiffs—AT&T customers and putative class representatives—contracted with AT&T for wireless data service plans. Their contracts included arbitration agreements. Plaintiffs allege AT&T falsely advertised that its mobile service customers could use “unlimited data,” but actually “throttled”—intentionally slowed […]