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 […]
The Supreme Court today issued its decision in Expressions Hair Design v. Schneiderman. The cert petition posed the question in the case this way: Ten states have enacted laws that allow merchants to charge higher prices to consumers who pay with a credit card instead of cash, but require the merchant to communicate that price difference […]
Here is The Hill's Report. Excerpt: Republicans on the House Financial Services Committee are eyeing April markups for Dodd-Frank legislation, meaning Democrats have just about a month to settle on a strategy to defend the CFPB. Some Democrats think working with Republicans on some changes to the CFPB could be sound policy. Several House Financial […]
Read this piece by James Hohmann, which argues that the importance of Trump's loss on health care is being overblown and that, in fact, Trump is largely succeeding so far. It includes this passage: Despite the chaos and the growing credibility gap, Trump is systematically succeeding in his quest to “deconstruct the administrative state” [quoting Steve Bannon] He’s […]
FairWarning reports: Can a used car be marketed as “safe” or “certified” even if it has defective air bags, a faulty ignition switch or other potentially lethal problems? Yes, so long as the used car dealer discloses that the vehicle may be subject to a pending safety recall. That stance, taken by the Federal Trade […]