Buy Now Pay Later and Regulation

Buy Now Pay Later, or BNPL, probably would never exist in its current form but for regulation. The Truth in Regulation Act does not apply to loans which are to be repaid in no more than four installments, and BNPL usually provides for repayment in exactly four installments. In other words, BNPL was created to […]

Two CFPB reports find more fee surprises

The Consumer Financial Protection Bureau this week published two reports that show fees on financial products continue to shock consumers. Overdraft and non-sufficient funds fees still trouble vulnerable households. Excess charges from some college-marketed financial products still don’t appear to be in the best interest of students. In building on its continued research on overdraft […]

Eleventh Circuit Addresses Timeshare Defendants’ Arbitration Gamesmanship

The Eleventh Circuit today weighed in on a matter involving the increasingly frequent scenario of a corporate defendant refusing to comply with the terms of the arbitration agreement it foisted upon consumers. Three consumers who had bought timeshares through Wyndham Vacation Resorts filed claims for breach of contract and fraudulent inducement with the American Arbitration […]

Consumer lawyer sued for malicious prosecution by Ashley Furniture

Earlier this month, I shared a decision sanctioning consumer lawyer Spencer Sheehan for bringing what a New York federal court concluded was a frivolous lawsuit against Starbucks based on its labeling of coffee as “100% Arabica.” I noted that Ashley Furniture, a furniture company that had been sued by Sheehan in Florida, had filed an […]

Are deferred interest plans abusive?

USA Today’s Daniel de Vise has an interesting article, 62% of Americans say this zero-interest payment plan should be against the law, about a form of consumer lending called deferred interest plans. Here’s an excerpt: A popular payment plan offered by America’s big-box retailers promises no interest on your purchase if you pay it off in, […]

Eleventh Circuit rejects nondelegation-doctrine challenge to Universal Service Fund with two concurrences

In 1996, Congress directed the FCC to create a fund by which it ensures that Americans throughout the country have access to telecommunications services, to be funded by contributions from carriers. The FCC relies on the Universal Service Administration Company (USAC) to help administer the fund, including by calculating necessary contributions that are submitted to […]

Nearly 100 members of Congress urge the CFPB to issue a new arbitration rule

More information here. Here’s an excerpt: Consumers must be given a meaningful opportunity to choose how to proceed when disputes arise. Take-it-or-leave-it terms and conditions imposed in a consumer contract, through use of a product, or by signing up for a service does not allow that opportunity. Restoring consumers’ ability to make the choice about […]

FTC issues rule regarding scams in vehicle shopping

The Federal Trade Commission has finalized a new rule to fight two common types of illegal tactics consumers face when buying a car: bait-and-switch tactics and hidden junk fees. The FTC expects the rule to save consumers nationwide more than $3.4 billion and an estimated 72 million hours each year shopping for vehicles. The FTC’s […]

Book Chapter: The Federal Arbitration Act Should Not Cover Consumer Claims

I wrote The FAA Should Not Cover Consumer Claims, to appear in The Federal Arbitration Act: Successes, Failures, and a Roadmap for Reform (Richard A. Bales & Jill I. Gross eds., forthcoming 2024 Cambridge University Press). Here is the abstract: Consumer protection laws face a fundamental enforcement issue: because consumer claims are typically for small […]