Ninth Circuit vacates LuLaRoe class certification order on predominance question

Many of us learned about multlievel-marketing company and purveyor of women’s clothing LuLaRoe in 2021, when dueling documentaries about the company’s rapid growth and decline were released. As featured in those documentaries, the company was the subject of extensive litigation and investigations as to its relationships with its “fashion retailers” — i.e., those recruited to […]

Report: Visa sends new rules to collectors about consumer debt

Debt collectors and debt buyers should have basic facts about a consumer debt before contacting consumers or filing lawsuits against them to collect on the debt. But blatantly wrong information about accounts has long been one of the major, persistent problems in debt collection. It appears Visa recently issued a rule that touches on the […]

Chamber of Commerce complains that consumers subject to companies’ forced arbitration clauses try to arbitrate

After years of advocating that forced arbitration provisions that deprive consumers of the option of filing claims in court and bar consumers from pursuing class actions, the Chamber of Commerce’s Institute for Legal Reform is now complaining that consumers are using arbitration too much. Reuters’ article on ILR’s shameless report, with a link to the […]

CFPB reports on illegal junk fees on bank accounts, mortgages, student loans, and auto loans

The Consumer Financial Protection Bureau released today a special edition of its Supervisory Highlights that reports on unlawful junk fees uncovered in deposit accounts and in multiple loan servicing markets, including in mortgage, student, and payday lending. The CFPB explains that “[t]hese unlawful fees corrode family finances, force up families’ banking and borrowing costs, and […]

Michael Blasie Article on Plain Language Laws

Michael Blasie of Seattle has written Regulating Plain Language, forthcoming in the Wisconsin Law Review. Here is the abstract: What one scholar coined a “quiet revolution” in consumer contracts has been a half century in the making. And the revolution extends well beyond consumer contracts. Legislatures and regulators passed over seven hundred plain language laws […]

NYT Op-Ed: Lower-income consumers subsidize credit card rewards programs for the more affluent

It’s headlined The Dirty Little Secret of Credit Card Rewards Programs, by Chenzi Xu and Jeffrey Reppucci. After referring to a study that found that when rewards go up, so do the fees merchants pay for credit card processing, the op-ed explains: The vast majority of merchants pass these costs on to consumers by charging more for their products […]

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 […]