by Jeff Sovern So says C. Ryan Barber in the National Law Journal. Things shift quickly in the Trump White House. The report is attributed to two unnamed sources. Zywicki would be a formidable candidate. He is smart, a prolific writer, and served as Director of the Office of Policy Planning at the Federal Trade Commission. […]
Politico reports that Joseph Otting, the head of the Office of the Comptroller of the Currency, a federal agency is responsible for enforcing fair lending laws, refused to say directly that discrimination exists, during questioning at a House Financial Services hearing on Wednesday. Among the laws that the OCC oversees is the Community Reinvestment Act, […]
by Jeff Sovern Here, against Security Group, Inc. As expected, the case involves debt collection problems but the Bureau also found FCRA issues. Here's an interesting thing about the case: remember how Mulvaney suggested that enforcement actions ought to be based on the numbers of complaints received? Well, I ran the three names in the CFPB's […]
by Jeff Sovern It feels as if there has been a steady stream of op-eds attacking Mulvaney's decision to fire the CFPB's Consumer Advisory Board members. We've posted links here and here and I commented here. A couple more links appear below. But usually someone outside the Bureau defends Mulvaney's acts. Where are they this time […]
Courthouse News reports: Education Secretary Betsy Devos need not provide full debt relief to more than 60,000 defrauded students, but she must stop collecting on their loans, a federal judge said in court Monday. Lawyers for a proposed class of borrowers had asked U.S. Magistrate Judge Sallie Kim to revive an Obama-era policy that promised […]
Here on Law360. Excerpt: Companies also benefit from the public database. The database provides important feedback to companies about concerns people have with their products and services. It also helps prevent unscrupulous competitors from undercutting legitimate companies, because all companies know that consumers might call them out for using underhanded tactics. Additionally, policymakers and others […]
The Supreme Court held long ago, in a case generally referred to as "American Pipe," that if the courts refuse to allow a case to go forward as a class action, all members of the class have the chance to bring suit to pursue their claims individually, even if the statute of limitations has expired, […]
Christoph Busch of the University of Osnabrück – European Legal Studies Institute has written Implementing Personalized Law: Personalized Disclosures in Consumer Law and Privacy Law, forthcoming in the University of Chicago Law Review. Here's the abstract: This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates […]
Here, by Suffolk's Kathleen Engel and Notre Dame's Judy Fox. I wanted to post an excerpt, but there is so much in this one that is important that I didn't want to leave anything out. I urge our readers to read it in its entirety. Mulvaney's decision to disband the advisory boards and the justifications […]