Some Comments on Comments on the CFPB Arbitration Study

by Jeff Sovern Earlier this week, I posted a link to the Ballard Spahr comments, on behalf of various industry trade associations, on the CFPB Arbitration Study .  Their thesis is that the Bureau Study indicates that consumers fare better in arbitration than litigation in general and class actions in particular. For example, here is […]

A proposed workplace beryllium rule, finally – but it is good enough?

Beryllium, a known carcinogen, is used in the construction industry, electronics manufacturing, and the nuclear energy industry, among others. Public Citizen estimates that 23,000 construction workers come into contact with beryllium daily. Last week, fourteen years after Public Citizen first petitioned OSHA for stronger worker protections against beryllium, OSHA issued a proposed rule lowering the […]

Article on Law and Non-Verbal Market Manipulation

Shmuel I. Becher of the College of Management (Israel) – School of Law and Yuval Feldman of Bar-Ilan University have written Non-Verbal Market Manipulation. Here is the abstract: Consumers make purchasing decisions in various markets every day.  Contrary to common belief, such decision-making is often not the result of deliberate analysis of information and data […]

Federal Trade Commission issues statement of principles on “unfair competition” enforcement

The Federal Trade Commission (FTC) today issued a statement of principles on enforcement of its "unfair competition" authority under section 5 of the Federal Trade Commission Act. Four commissioners voted for the statement, and one commissioner dissented. Go here to get all of the agency's info on the topic.  The agency summarized its statement as follows: […]

Fifth Circuit joins growing chorus rejecting broad Rule 68 mootness rule

We’ve discussed several times (see for instance here and here) an issue that’s been percolating in the courts of appeals the last few years and which has been taken up by the Supreme Court for the coming Term in the case of Campbell-Ewald Co. v. Gomez: whether a defendant’s offer of judgment for complete relief under […]

Arbitration and the American Bar Association’s One-Sided Webinar

by Jeff Sovern The American Bar Association's Business Law Section Consumer Financial Services Committee held a webinar earlier today in which the topic was listed as "The CFPB Begins Arbitration Rulemaking, But Its Own Study Shows that Arbitration Benefits Consumers." The sole speakers, other than the moderator, were Ballard Spahr's Alan Kaplinsky and Mark Levin. […]

FCC imposes large fine for robocalls

The Federal Communications Commission announced a $2.96 million fine against Travel Club Marketing, Inc., related companies, and the companies’ owner, for making at least 185 unsolicited robocalls. The calls were prerecorded advertising calls to consumers who had not consented to the robocalls; the majority of the consumers had listed their telephone number on the national […]

FTC charges data brokers with helping to scam $7 million from consumers

The Federal Trade Commission announced today: The Federal Trade Commission has charged a data broker operation with illegally selling payday loan applicants’ financial information to a scam operation that took millions of dollars from consumers by debiting their bank accounts and charging their credit cards without their consent. According to the FTC’s complaint, the data […]

NY City bank-disclosure law struck down

A federal judge on Friday struck down New York City’s Responsible Banking Act, holding the city preempted by state and federal banking laws. The ordinance required deposit banks to disclose information about how the banks serve low-income neighborhoods. Under the ordinance, the information would be published and factor into whether banks would remain eligible to hold […]