Key paragraph of Chief Justice Roberts’ opinion in King v. Burwell

Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all  possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress’s plan, and that is the […]

Horton & Chandrasekher Reply to Kaplinsky & Levin on Empirical Study of Arbitration

Guest Post by Professors David Horton & Andrea Cann Chandrasekher:       We recently posted our draft article, After the Revolution: An Empirical Study of Consumer Arbitration, 104 Geo. L.J. — (forthcoming 2015) on the Social Science Research Network.  On June 22, well-known corporate defense lawyers Alan S. Kaplinsky and Mark J. Levin published a critique of […]

Court rejects for-profit colleges’ challenge to Department of Education “gainful employment” rule

As the AP reports (via Huffington Post): A federal court has ruled in favor of tough new regulations aimed at career training programs, dealing a major blow to the for-profit college industry. In an opinion released Tuesday, the U.S. District Court for the District of Columbia ruled the Education Department has the right to demand […]

DOJ brings criminal charges in payday lending case

The Department of Justice this week charged a payday lender with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to commit mail fraud and wire fraud, and mail fraud, and aiding and abetting mail fraud. Although there is even more, here is the gist of the government's case: According to the […]

CFPB reports on illegal practices uncovered in 2015

The Consumer Financial Protection Bureau has released its latest supervision report outlining the illegal practices uncovered by the CFPB in the first four months of 2015. It found problems with • dual-tracking at mortgage servicers that could mislead consumers to believe their trial modifications were canceled, • lack of quality control measures at consumer reporting […]

Amy Schmitz Article on Big Data and Consumer Scores

Amy Schmitz of Colorado has written Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots', Michigan State Law Review, p. 1411 (2014). Here is the abstract: “Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores […]