From the press release: On Tuesday, March 7, Senator Al Franken (D-Minn.) and top Senate and House Democrats will hold a press conference to push legislation to stop the use of unfair forced arbitration clauses, which are widely used by corporations to limit consumers’ and employees’ access to justice. The lawmakers will be joined by […]
In January, a company calling itself "Company Doe" filed suit against the CFPB to challenge its constitutionality. The theory of the complaint was that, in light of the DC Circuit's (now vacated) decision in PHH v. CFPB finding the structure of the CFPB unconstitutional, the agency should be enjoined from taking any action against Company […]
This article by Steve Eder explains the situation. A notice sent out at the class-certification stage in 2015 gave class members the right to opt out — as is required in all Rule 23(b)(3) class actions (such as the Trump University class action). But now a class member named Sherri Simpson is seeking to opt out at […]
by Jeff Sovern As an independent agency, the CFPB can issue regulations without approval from the Office of Management and Budget. But the House has now passed a bill that would require OMB to review major regulations promulgated by independent agencies, including the CFPB and the FTC (though the FTC seldom produces regulations, a topic […]
The New York Times, in a story called "How Uber Deceives the Authorities Worldwide," reported on Friday: Uber has for years engaged in a worldwide program to deceive the authorities in markets where its low-cost ride-hailing service was resisted by law enforcement or, in some instances, had been banned. The program, involving a tool called […]
Here. (HT: Gregory Gauthier)
Eric Goldman of Santa Clara has written Understanding the Consumer Review Fairness Act of 2016, Michigan Telecommunications and Technology Law Review, Forthcoming. Here's the abstract Consumer reviews are vitally important to our modern economy. Markets become stronger and more efficient when consumers share their marketplace experiences and guide other consumers toward the best vendors and […]
Colin P. Marks of St. Mary's has written Online and As Is. Here is the abstract: Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most […]
Here. Excerpt: Hensarling does already have a bill in the House, the Financial Choice Act, that’s being given long odds. “We think the chances that the bill becomes law are less than 20 percent—maybe as low as 10 percent,” Brian Gardner, Washington analyst at the investment bank Keefe, Bruyette & Woods, wrote to clients on […]
by Jeff Sovern I was talking to someone yesterday who pointed out that even if Obamacare can be repealed through the reconciliation process–meaning a simple majority is enough to get it through the Senate–the Republicans may not have enough votes. If they don't pick up any Democratic votes, they can afford to lose only two […]