When driverless cars crash, who gets the blame and pays the damages?

That's the name of this Washington Post article by Ashley Halsey III. Among other things, Halsey discusses the research of law professor Bryant Smith, who has written Automated Driving and Product Liability, which Halsey calls "the most definitive public legal research to date on autonomous cars." Halsey identifies seven basic insights from Smith's research: ●There will be a shift […]

AmBanker: CFPB faces Catch-22 on pending arbitration rule

Here (behind paywall). Excerpt: "* * * Director Cordray has been reluctant to issue a final arbitration rule, is because I think he realizes that there is a very high likelihood of it being overridden," said Alan Kaplinsky, a partner at the law firm Ballard Spahr. * * * It's also not a guarantee that […]

“FTC, Maine Attorney General Shut Down Web of Deceptive Supplement Sellers”

The Federal Trade Commission and the Maine Office of the Attorney General announced three settlements with dietary supplement marketers who allegedly used radio infomercials deceptively formatted as talk shows and print ads featuring fictitious endorsers to advertise supplements purporting to improve memory and to reduce back and joint pain. The three court orders resolving charges […]

CFPB Critics Make Unpersuasive Arguments that Business as Usual at the CFPB Is Not Good for Consumers

by Jeff Sovern At Real Clear Politics, by George Masonites Hester Pierce and Vera Soliman.  The arguments (with my editorializing on some points) are that the Bureau's payday lending rule would put some such lenders out of business (would those be the lenders that ensnare consumers in a never-ending debt trap?), that the Bureau collects […]

The future of the Affordable Care Act

There's a lot out there that you've no doubt read about the difficulties for Republicans in actually repealing the Affordable Care Act. Surprise, surprise: It's not as easy as saying "Public Law 111-148, as amended, is hereby repealed." (Gotta have that "hereby.") One problem (among many): People may not like "Obamacare" in the abstract — […]

Hensarling Uses Words “Tyranny,” “Dictator” in Discussing CFPB

by Jeff Sovern In the Dallas Morning News. Here are some more quotes from the article: Hensarling bemoaned that the bureau gets to be a "cop on a beat, a judge and its own Congress." * * * He said the bureau has led to higher bank fees, fewer banking options and more difficulty in […]

“Gorsuch, CFPB and Future of the Administrative State”

That is the name of this article by law prof David Reiss. (Jeff had posted earlier on Reiss's views on this topic.) Here is the abstract: U.S. Supreme Court nominee Judge Neil Gorsuch would have an outsized influence on federal consumer protection enforcement if he is confirmed. In particular, if PHH v. Consumer Financial Protection Bureau, 839 F.3d 1 […]