Texas Court Strikes Down Prestigious Pets’ Nondisparagement Clause Lawsuit

by Paul Alan Levy A state District Court in Dallas (Judge Jim Jordan of the 160th District) has struck down a lawsuit over a non-disparagement clause in a form consumer agreement, holding that it could not be enforced against a consumer who expressed dissatisfaction about the service provided by a local business.  Although we have […]

More than 40% of class members participate in VW emissions settlement

The Washington Post and AP report: About 210,000 owners of Volkswagens with 2-liter diesel engines that cheat on emissions tests have registered to settle with the company under the terms of a June court agreement. The figure was revealed in a federal court motion by class action attorneys seeking final approval of the settlement involving […]

Court dismisses FTC suit against AT&T over data throttling

The Ninth Circuit yesterday dismissed a lawsuit brought by the Federal Trade Commission against AT&T Mobility, in which the FTC asserted that AT&T illegally slows internet data speed to customers with an unlimited data plan. Section 5 of the FTC Act contains an exemption for “common carriers subject to the Acts to regulate commerce.” 15 […]

Dealing with phone scammers

Washington Post Columnist Michelle Singletary recently posted about and answered questions about IRS scams — like those messages on my home answering machine saying that the IRS is about to initiate a prosecution over fictitious tax debt. Color of Money Live: How to avoid those IRS scams     Singletary offers advice and answers questions. (Aug. 25) […]

FTC consumer tips for people affected by Louisiana floods

In the wake of the flooding in Louisiana, the Federal Trade Commission has developed a series of blog posts with information for people affected by the floods and people who want to help through charitable donations. These three FTC posts offer information and tips for dealing with disasters and flood-damaged vehicles being sold, and for […]

Second Circuit to Amazon.com: You Didn’t Require a Click, So Your Arbitration Agreement May Not Stick

I have to admit that there are a lot of things I love about Amazon.com. That it tries to require its customers to arbitrate their claims and waive the right to participate in class actions is not one of them. In an opinion issued today, the United States Court of Appeals for the Second Circuit held that […]

FTC settlement bans company from debt collection business

The Federal Trade Commission announced today: A debt collector and his companies will be banned from the debt collection business under a settlement with the Federal Trade Commission and the Attorney General of the State of New York, which charged them with seeking money from consumers for debts they did not owe. The action was […]

CFPB issues report on community-based efforts to combat financial exploitation of the elderly

Yesterday, the Consumer Financial Protection Bureau released a report on coordinated community-based efforts to prevent, detect, and respond to elder financial exploitation. According to the CFPB's press release, the "report also found that a strong collaboration among community stakeholders – like financial institutions, adult protective services, and law enforcement – can be very effective in […]

Adam Levitin Paper: Digital Wallets and Honor All Wallets Rules

Adam J. Levitin of Georgetown has written Pandora's Digital Box: Digital Wallets and the Honor All Wallets Rules.  Here's the abstract: Digital wallets are poised to transform the world of retailing. These digital wallets, such as ApplePay and Android Pay, are “smart” payment devices that can integrate payments with two-way, real-time communications of any type […]