A federal district court in New York has dismissed a lawsuit filed by a group of for-profit colleges challenging regulations issued by the Department of Education to limit student debt. The Department adopted the “Gainful Employment” rule in 2014 to address overwhelming evidence that some postsecondary career training programs, particularly at for-profit institutions, were failing […]
by Deepak Gupta One of the most important but under-appreciated features of the Dodd-Frank Act was its establishment of the Financial Stability Oversight Council—a new entity with a clear statutory mandate to identify and respond to systemic risks to the entire U.S. economy. The authority was inspired by the failures of entities like the insurance […]
Read this Paul Krugman column in the New York Times from this past weekend. He exposes how the defenses of the TPP offered by its supporters don't answer the charges made against it by its opponents: The administration’s main analytical defense of the trade deal came earlier this month, in a report from the Council […]
Today, Professor Rebecca Tushnet of Georgetown Law (and of 43(B)log fame), represented by Public Citizen, filed motions to intervene and unseal court documents in a trademark dispute in which two companies claim that Amazon infringed their trademark by advertising the companies' product (a dietary supplement called SeroVital) even when the product wasn't available on Amazon […]
by Jeff Sovern The University of Montana Law School (where my colleague and co-author of the St. John's Arbitration Study, Paul Kirgis, is heading to take up the deanship) has just announced a $10 million gift by alum Alexander "Zander" Blewett and his wife, Andy, part of which will fund a chair in consumer law […]
Lauren E. Willis of Loyola Los Angeles has written what looks like another important article, The Consumer Financial Protection Bureau and the Quest for Consumer Comprehension. Here is the abstract: To ensure that consumers “understand [financial products’] costs, benefits, and risks,” the CFPB has been redesigning mandated disclosures, primarily through iterative lab testing. But no […]
The Court of Appeals for the Fourth Circuit has issued an important decision at the intersection of First Amendment and trademark law, marking the second time in two days that free speech has triumphed over expansive intellectual property claims. On Monday it was the Ninth Circuit’s en banc decision in Garcia v. Google, rejecting an […]
According to the Federal Trade Commission, federal courts in New York and Georgia, acting on an FTC motion, have temporarily halted three debt collection operations that the FTC alleges have violated federal law by threatening and deceiving consumers via text messages, emails, and phone calls. The FTC's press release explains: [T]he defendants used text messages, […]
Last week, a Missouri jury awarded about a quarter-million dollars in compensatory and $82 million in punitive damages to a woman who was hounded for over a year by debt collector Portfolio Recovery Associates for a $1100 debt that wasn’t hers. The problem, according to the plaintiff’s lawyer, is the debt collector tries to collect […]