Georgene M. Vairo of Loyola Los Angeles haw written Is the Class Action Really Dead? Is that Good or Bad for Class Members? 64 Emory Law Journal 477 (2014). Here's the abstract: Recent Supreme Court decisions have tightened up the standards for obtaining class certification and virtually eliminate class arbitration as well. However, while the […]
by Paul Alan Levy An increasing number of ISP’s have come to see themselves as more than stakeholders in controversies about whether their users have so clearly exceeded their First Amendment rights that their identities must be revealed in response to court subpoenas. Twitter, for example, declined in the Macao Music case to disclose the […]
About a year ago, we posted about the electric-car company Tesla, which wants to sell cars directly from its stores to consumers, and efforts by car dealers to interfere with Tesla's business model on, you guessed it, consumer-protection grounds. Our earlier post dealt in particular with Tesla's difficulties selling its cars in New Jersey. Now, […]
In a settlement with the Department of Justice, JP Morgan Chase has agreed to pay more than $50 million to more than 25,000 homeowners through cash payments, mortgage loan credits, and loan forgiveness. The payment will resolve DOJ accusations that JP Morgan Chase filed robo-signed mortgage documents in bankruptcy courts. The DOJ press release explains: […]
When a trial court judge responds to an amicus brief by reversing her published position on outcome of a motion, and begins her opinion with an expression of gratitude to “Public Citizen for its excellent and informative brief,” its author cannot help feeling a bit of glow. But Magistrate Judge Beeler’s opinion in Macao Music […]
"Following a review of 22 private collection agencies, the U.S. Department of Education announced today that it will wind down contracts with five private collection agencies that were providing inaccurate information to borrowers. The five companies are: Coast Professional, Enterprise Recovery Systems, National Recoveries, Pioneer Credit Recovery, and West Asset Management. …. "In its review, […]
Last Friday, the administration released a "discussion draft" of potential legislation to protect consumer privacy. CDT provides a helpful roadmap to the draft here. Today a coalition of consumer privacy groups (including CDT) responded with a letter asking the administration to strengthen provisions of the bill in areas such as the definition of sensitive information, […]
"Why it's nearly impossible to sue your credit card company" is the title of an article in today's Washington Post about the mandatory arbitration provisions that are now standard in credit card agreements and the Consumer Financial Protection Board's report, expected to be released next week, about mandatory arbitration in consumer financial agreements. The full […]
Read this article from Wired.com about automakers’ lack of attention to the security of their cars’ systems, and the investigation of Sen. Edward Markey of Massachusetts into the problem.
The Washington Post has a lengthy article today on payday lending by American Indian tribes. With some two-dozen tribes now offering installment and payday loans, Native Americans have found themselves wrestling with the merits of this lifeline. Following the formula used in casino gambling, tribes capitalize on their right to govern themselves in an otherwise […]