While Country Focuses on Thanksgiving, Wells Fargo Invokes Arbitration, that Consumers Agreed to Without Understanding, to Block Consumers Injured by Its Fraud From Suing

by Jeff Sovern Here is the report in the NY Times (behind a paywall).  Wells filed its arbitration motion on Wednesday, the day before Thanksgiving.  So Wells is using a secret system for adjudicating claims, agreed to by consumers who didn't understand what arbitration clauses mean, and invoked it at a time when people are less likely […]

Does Trump’s Victory Mean John Dugan Will Return as a Regulator?

by Jeff Sovern John Dugan, a former bank lobbyist, was the Comptroller of the Currency during the George W. Bush Administration.  The Office of the Comptroller of the Currency was then seen by some as an aggressive protector of banks. Among the reasons: the OCC took the position that state anti-predatory lending laws were preempted by […]

Could a President Trump Fire CFPB Director Cordray on Day One Even While the PHH Suit is Pending?

Aditya Bamzai of Virginia argues that he could here.  Excerpt: [The] premise [that the president has to let the litigation runs its course] appears to rest on two mistaken assumptions: (1) that the President cannot exercise his removal authority absent an Article III judgment authorizing such removal, especially when a pending case may address the very […]

Federal court in Texas preliminarily enjoins new Obama Administration overtime rule

We have blogged several times (for instance, here and here) about the new U.S. Labor Department rule that significantly raises the pay threshold that triggers exceptions to the general rule that workers must be paid 1.5 times their ordinary pay for every hour they work over 40 per week. In plain English, that means overtime pay for […]

Will the CFPB Issue the Arbitration Rule Soon?

That's one of the questions addressed by the Wall Street Journal in an article headlined Financial Regulators Scramble to Complete Postcrisis Rules. (behind paywall). Excerpt: “This type of ’midnight rulemaking’ is neither conducive to sound policy nor consistent with principles of democratic accountability,” Texas Rep. Jeb Hensarling, chairman of the House Financial Services Committee, told […]

LA Times’s David Lazarus on the Threat the CFPB Faces in December

by Jeff Sovern The column is titled The future isn't bright for highly successful consumer watchdog. Excerpt: A stopgap government funding bill passed in September will expire Dec. 9. It’s widely expected that conservative members of Congress will include language in follow-up funding legislation that would change how the bureau operates and the scope of its […]

Mega-mergers, consumer well-being, and high-priced expertise

That's the topic of These Professors Make More Than a Thousand Bucks an Hour Peddling Mega-Mergers, a ProPublica piece by Jesse Eisinger and Justin Elliott. The sub-title of the piece summarizes its thesis: "The economists are leveraging their academic prestige with secret reports justifying corporate concentration. Their predictions are often wrong and consumers pay the price." […]

Trump University Settlement Underscores the Need for Forced Arbitration Ban in Higher Education

MarketWatch has a new article explaining why forced arbitration provisions have keep students at for-profit colleges from "get[ting] a Trump University-type outcome" when the students have alleged that their schools have defrauded them. The article also discusses the Department of Education's new rule cutting federal funding to schools that use forced arbitration provisions with their […]

Times Article Shows How Business Uses Science to Deceive Consumers: “Doubt is our product.”

From an op-ed in today's Times, Climate Change in Trump’s Age of Ignorance, by Robert N. Proctor (behind paywall): [S]science was one of the instruments used by Big Tobacco to carry out its denial (and distraction) campaign. Cigarette makers had met at the Plaza Hotel in New York City on Dec. 14, 1953, to plan […]