Recent announcements of DOJ’s Consumer Protection Branch

June 26, 2017 – Owner of New England Compounding Center Sentenced for Racketeering Leading to Nationwide Fungal Meningitis Outbreak June 22, 2017 – Pharmacy Owner and Director of Compliance Charged with Defrauding United States and Distributing Adulterated Drugs June 15, 2017 – Department of Justice Observes World Elder Abuse Awareness Day June 15, 2017 – […]

Enabling Facebook Users to Protect Their Free Speech Rights

by Paul Alan Levy An important appeal is pending in the District of Columbia Court of Appeals – the highest appellate court in D.C. The federal government served D.C. warrants on Facebook, demanding access to the entirety of 90 days worth of communications in three separate Facebook accounts, including identifying information.  (Presumably, the reason why […]

The House Appropriations Bill Is Much Worse for Consumers Than Originally Reported

by Jeff Sovern We posted yesterday about the House Appropriations Bill. I haven't studied the bill, but on a quick look, it contains a number of objectionable provisions from the Financial Choice Act (already passed by the House), including repeal of the CFPB's power to regulate arbitration and payday lenders and to block conduct on […]

More on the House Appropriations Bill That Would Make the CFPB More Accountable to Lobbyists

by Jeff Sovern From The Hill. Excerpt: A spending bill released Wednesday by the House Appropriations Committee includes major restraints for financial regulatory agencies. * * * Including the provisions in the spending bill, which is must-pass legislation, increases the odds they could become law. The measure places the Federal Deposit Insurance Corporation, Consumer Financial […]

Report Finds Some Arbitration Providers Not Complying with California Arbitration Reporting Law

Here. From the Executive Summary: 32 firms appear to be offering consumer arbitration services in California. Of those, only 11 firms follow the substantive requirements of §1281.96(a) , and of those, only three firms can be said to evidence robust and full compliance with the statutory regime, including §1281.96(b)’s formal requirements as to format, timing […]

Can the California Anti-Arbitration Bill Survive FAA Preemption?

by Jeff Sovern Reuters reports that the bill has passed an Assembly committee, and is expected to pass the Assembly in August (the state Senate has already passed it).  Here's the part I don't understand: if California enacts the law, how can it avoid being preempted under the Federal Arbitration Act, as SCOTUS has interpreted […]

Arbitration rule at the Department of Education is under attack

In case you missed it earlier this month, the Trump Administration has indicated it will turn its back on another Obama-era rule, this time at the Department of Education (ED). In November 2016, ED announced a new rule to protect federal student loan borrowers who are victims of fraud and other misconduct by predatory schools, […]