Remedies for Violations of the Consumer Review Fairness Act

Over at his Technology and Marketing Blog, Eric Goldman points to a recent district court decision issuing a preliminary injunction against a solar installation company which, according to the decision, engaged in a series of shady practices vis-a-vis consumers who agreed to use its solar panel installation services. In an action brought jointly by the […]

Not an article I expected to see: article explores when ads can use swear words in the UK

Alexandros Antoniou of the University of Essex has written Swear-Vertising: When Does the Advertising Watchdog Bark? 27 Communications Law – Journal of Computer, Media and Telecommunications Law 111 (2022). Here’s the abstract: The article examines the extent to which advertisers can expressly use, or use by implication, swear words in their advertising. It reviews the […]

Conservative pro-bank Rep. Luetkemeyer doesn’t read the fine print either

The New Republic, asked conservative Congressman Blaine Luetkemeyer, who often espouses the positions asserted by the banking industry during hearings of the House Financial Services Committee, if he reads the fine print on his contracts. The answer: ““I don’t read the fine print on any of that stuff,” he said. “I’m a busy guy.” Among […]

CFPB’s repeat offenders swindling military borrowers?

The Consumer Financial Protection Bureau in recent actions against entities it calls “repeat offenders” has zeroed in on flagrant violations of the Military Lending Act (MLA), which is meant to safeguard active-duty military members and their families from financial abuses. The MLA has features perfect for military families in search of a loan: it caps […]

Eighth Circuit rejects preemption challenge to city’s flavored tobacco ban

After the City of Edina, Minnesota, banned the sale of flavored tobacco products, R.J. Reynolds and other tobacco industry companies sued, arguing the law is preempted by the federal Tobacco Control Act. In a unanimous per curiam opinion, the Eighth Circuit affirmed the district court’s decision holding that the law is not preempted.  Agreeing with […]

SCOTUS to review CFPB’s constitutionality–again

Earlier today the Supreme Court announced that it would take the case in which the Fifth Circuit had held the CFPB’s funding mechanism was unconstitutional, Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. The Bureau had asked the Court to hear the case during the current term but the Court instead decided to […]

Using consumer law to protect workers

In Consumer Law as Work Law (forthcoming Calif. L. Rev. 2024), law professor Jonathan Harris describes the possibilities and challenges of turning to consumer law as part of an integrated work law to help remediate the bargaining power asymmetries between firms and workers. Here is the abstract: In recent decades, firms have radically transformed labor […]

Can downstream creditors collect deficiency judgments on mortgage loans a decade or more after the foreclosure?

The question in the case, Santos v. Yellowfin Loan Servicing Corp., No. 22-0910 (Tex. S. Ct.),  is whether a claim to collect a deficiency judgment on a second mortgage accrues when that judgment is entered or whenever in the future the lender (or its successor in interest) decides to “accelerate” the original mortgage loan. Lenders […]

Faust article proposes interesting solution for when lenders make loans consumers lack the ability to repay

Abigail Faust of The Van Leer Jerusalem Institute has written Regulating Excessive Credit, forthcoming in the Wisconsin Law Review.  Here is the abstract: Consumer financial protection law is dominated by ex-ante, contract-centered regulatory measures. But these measures largely fail to curb lenders’ incentive to lend beyond consumers’ ability to repay. The Article thus suggests an alternative […]

4th Circuit: Lack of Article III standing resuscitates state-law identity theft protection claim

In its decisions in Spokeo v. Robins and TransUnion v. Ramirez, the Supreme Court held that consumers lack Article III standing to challenge violations of the Fair Credit Reporting Act absent the showing of some concrete harm beyond the publication of inaccurate credit information. On Tuesday, the Fourth Circuit confronted how those decisions interact with […]