Dee Pridgen’s Important Guest Post: Update on the ALI’s Proposed Restatement of Consumer Contracts: Will it Perpetuate a Legal Fiction?

ALI’s Proposed Restatement of Consumer Contracts – Perpetuating a Legal Fiction? By Dee Pridgen             The members of the American Law Institute (ALI) are currently working on what may ultimately become “The Restatement of Consumer Contracts.” This project could provide an opportunity for real law reform. Indeed, the original goals of the ALI include adapting […]

Copyright Law and Section 230 Support Ripoff Report, But Its Browsewrap Agreement Is Unconscionable

by Paul Alan Levy Cases involving Xcentric Ventures, the company that owns Ripoff Report, frequently push the boundaries of the legal protections that are provided for the hosts of online expression, and we have often come to that company's defense even though some aspects of its business model leave something to be desired.  A brief […]

Hensarling Bill Would Revamp the CFPB

House Financial Services Chair Jeb Hensarling has proposed a Republican alternative to the Dodd-Frank Act, to be called the Financial Choice Act.  The Committee's summary of the portions of the bill that affect the CFPB are as follows: SECTION THREE: Empower Americans to achieve financial independence by fundamentally reforming the CFPB and protecting investors.  […]

David Zaring: Payday Lenders’ Fight Against Regulator Would Be a Long Shot

In the Times's DealBook.  Excerpt: Conservative lawyers have been muttering about the constitutionality of the Consumer Financial Protection Bureau for years, but their best argument is pretty novel. It is a “death by a thousand cuts” separation of powers claim. The idea is that if you count up all the ways that the Consumer Financial […]

How Would a Consumer Financial Protection Commission Differ From the CFPB?

by Jeff Sovern According to a report in HousingWire, a CompassPoint report concludes the following: “Our channel checks estimate that shifting the CFPB’s governance from a directorship to a commission would double the bureau’s already elongated rulemaking timeline, cut its enforcement activity by 50% to 75%, and result in a far greater importance being placed on […]

Recent DOJ Consumer Protection Branch announcements

Below are recent announcements from the Department of Justice about the work of its Consumer Protection Branch, including work related to mass-marketing fraud schemes, adulterated food, and odometer fraud. Justice Department and Dutch Authorities Announce Simultaneous Enforcement Actions Against International Mass-Mailing Fraud Schemes Targeting the Elderly (June 2, 2016) District Court Enters Permanent Injunction Against […]