Anonymous Users’ Objection to Search Warrant Seeking to Identify Users Who Communicated with Trump Inauguration Protest Site

by Paul Alan Levy Today we filed our brief on behalf of three anonymous Internet users who object to the breadth of the proposed orders submitted by the Government and by DreamHost, each spelling out their alternative versions of the how Chief Judge Robert Morin had articulated his ruling that enforced a narrowed search warrant […]

House passes bill exempting driverless cars from current safety standards

The House yesterday passed a bipartisan bill, called the “Self Drive Act,” addressing driverless cars. Among other things, the bill would allow car companies to introduce as many as 100,000 such vehicles a year — exempted from safety standards while the technology is developing. At the same time, the bill would bar states from implementing […]

House holds hearing on bill to limit consumer remedies against credit reporting agencies

The House of Representatives Financial Services subcommittee is holding a hearing this morning on HR 2359, entitled the "FCRA Liability Harmonization Act," which would reduce consumer remedies for credit reporting abuses. It would impose a $500,000 cap on damages in class actions brought under the Fair Credit Reporting Act and eliminate punitive damages in individual […]

Another Story About How Class Actions Help and Arbitration Hurts Consumers, Military Families

From Paul Bland in HuffPo, CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks. Excerpt: When Gary Childress of Raleigh, North Carolina learned in July 2008 that he was being deployed to Iraq as part of his Army National Guard service, one of the things he did before reporting for duty was to […]

Does the federal courts’ PACER system undermine the public’s constitutional right of access to court papers?

That's the issue addressed in The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records by Stephen Schultze. Here's the abstract: The United States federal judiciary maintains a system called PACER, “Public Access to Court Electronic Records.” PACER is the public gateway into the electronic repository for documents filed in federal […]

Paper on the Impact of Judicial vs. Nonjudicial Foreclosure on Mortgage Origination

Brian D. Feinstein a Bigelow Fellow at Chicago has written Judging Judicial Foreclosure.  Here is the abstract: For the third time in the last several decades, policymakers are contemplating an overhaul of mortgage-finance regulations. Despite the considerable attention paid to how ex ante regulations affect the availability of credit and the appropriateness of the mortgage […]

“Too Popular to Pick a Public Fight With”

Many have probably already seen yesterday's article in the New York Times about the Consumer Financial Protection Bureau's popularity getting in the way of Republicans' efforts to weaken it, but just in case… Relying on emails and other documents obtained in public records requests, the article describes the CFPB's strategy to shield itself from the […]

Despite Claims that CFPB Regs Increase Lending Costs, MBA Reports Mortgage Origination Costs Close to Historic Lows

by Jeff Sovern Housing Wire reports on mortgage origination costs in a report headlined MBA: The cost to produce a mortgage falls closer to historic lows, with a subhead reading "Independent mortgage bank production profitability improves."  Reports like this make it difficult to justify claims that the CFPB is significantly adding to lending costs.

Arbitration, Concerted Action, and the Gig Economy

Those who follow the arbitration wars probably know that the upcoming Supreme Court term will kick off with an epic battle in those wars–literally. The first argument on the first Monday in October will be in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil Corp.. The […]

Federal judge issues permanent nationwide injunction against Obama-era rule giving more employees overtime pay

We've posted several times (for instance, here and here) about the Obama Administration's rule significantly raising the pay threshold that triggers exceptions to the general rule that workers must be paid 1.5 times their ordinary pay for every hour they work over 40 per week. Put simply, the Obama Administration rule meant overtime pay for far more workers. […]