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, […]

CFPB acts against credit repair companies for charging illegal fees and misleading consumers

Still at work, the Consumer Financial Protection Bureau today filed two complaints and proposed final judgments in federal court against four California-based credit repair companies and three individuals for misleading consumers and charging illegal fees. The CFPB alleges that the companies charged illegal advance fees for credit repair services, and also misrepresented their ability to […]

CEI: CEI Objects to Facebook Class Action Settlement that Pays Lawyers Nearly $4 Million While Consumers Get 22 Words of Nothing

by Jeff Sovern Here.  The 22 words consists of the following statement, to appear on Facebook's help page: “We use tools to identify and store links shared in messages, including a count of the number of times links are shared.” As a general matter, I am skeptical of settlements that provide only a disclosure on […]

“Health Insurance Coverage and Health — What the Recent Evidence Tells Us”

That's the name of this New England Journal of Medicine article by Benjamin D. Sommers, Atul A. Gawande, and Katherine Baicker. They looked carefully at the literature asking whether having health insurance improves health outcomes. The authors also looked at a range of variables, including the quality of insurance. Here are excerpts from of their conclusions: One question experts […]

Sarah Kliff on the CBO’s score of the Senate health care bill

Read health-care journalist Sarah Kliff's article titled Page 48 is the most important page in the CBO report. The whole thing is worth reading. Here's a key takeaway: The CBO report is a dense 49-page document that you can read here. But you can find its clearest explanation of the Senate bill on page 48. This is […]

Supreme Court holds that American Pipe class-action tolling rule does not apply to cases brought under Section 11 of the Securities Act of 1933

The decision is Calpers v. ANZ Securities. The vote is 5 to 4, with Justice Kennedy writing the majority opinion, and Justice Ginsburg writing the dissent. Skipping all its nuances, the American Pipe rule provides generally that the statute of limitations for absent class members is tolled from the filing of a class-action complaint until the […]