There's been a good bit of news on the financial disclosures for the people who work in the Trump white house. Go here to read each employee's disclosure form. (Click on the pdf for each employee, listed in alphabetical order.) What hasn't gotten much news is that in addition to disclosing the value (with ranges) of […]
Jeff posted yesterday one of the amicus briefs filed in support of the CFPB in the pending DC Circuit case. The others amicus briefs in support of the CFPB are these: Public Citizen, Consumer Federation of America, Consumers Union, National Association of Consumer Advocates, and National Consumer Law Center, and Tzedek DC – Click here. Americans […]
Here. Deepak Gupta is counsel. Here's the Introduction and Summary of the Argument: The Constitution requires public accountability for government agencies but does not prescribe how it must be achieved. It can be achieved in a variety of ways through agency design, and indeed, there is tremendous variation in agency structure. Public accountability can also […]
Here. More than half the class members have submitted claims. Claimants are expected to recoup 80% of what they spent. The article attributes the high participation rate to the publicity the case garnered as well as the amounts individual claimants have at issue, as much as $20,000.
The D.C. Circuit today issued a 2-1 decision in Bais Yaakov of Spring Valley v. FCC, which tossed a Federal Communications Act rule requiring senders of so-called "solicited" faxes to provide recipients notice of a right to opt-out. The first few sentences of Judge Kavanaugh's majority opinion provides an overview: Believe it or not, the fax machine […]
This article (registration possibly required) by C. Ryan Barber covers an appearance yesterday by Consumer Financial Protection Bureau director Richard Cordray before the U.S. Chamber of Commerce in which, among other things, Cordray explained his views on regulating via across-the-board regulation versus individual enforcement action.
That is the name of this article by Hillel Bavli and John Felter. It may be useful to counsel seeking class certification based on what is sometimes referred to as representative proof. Here is the abstract: The 2016 Supreme Court decision in Tyson Foods v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions. Federal courts are […]
The Federal Trade Commission announced today that it is mailing 5,232 checks totaling more than $2.7 million to people who lost money to Rincon Debt Management, a debt collection scheme that focused on people who were strapped for cash. The company’s owners are banned from the debt collection business. People who lost money are getting […]
This article by Eric Wolff explains that "[a] supervisor at the Energy Department's international climate office told staff this week not to use the phrases 'climate change,' 'emissions reduction' or 'Paris Agreement' in written memos, briefings or other written communication." ("Emissions reduction." Now, there's a subversive phrase!) So, must they consult the Trumpian Newspeak dictionary to figure out what […]
Prentiss Cox of Minnesota, Amy Widman of Northern Illinois, and Mark Totten of Michigan State have written Strategies of Public UDAP Enforcement, Harvard Journal on Legislation, Forthcoming. Here's the abstract: Laws protecting consumers from unfair and deceptive acts and practices – commonly called “UDAP” laws – have played a stunning role in recent years. As […]