Consumer Protection Branch at work

Yesterday, I received an email from the Consumer Protection Branch at the U.S. Department of Justice with links to recent announcements from that office. Here is what DOJ's consumer lawyers were up to in November: November 21, 2014 – United States Files Enforcement Action Against Michigan Sandwich Company and Co-Owner to Stop Distribution of Adulterated […]

Cleveland Plain Dealer’s Sheryl Harris on the St. John’s Arbitration Study

Here.  An excerpt: Right now, the CFPB is finishing up the second phase of its study, which will hone in on consumers' understanding of arbitration clauses. At that point, it will decide whether it needs to act. If the bureau's findings are anything like those of the law school study, it must. Being stripped of our […]

More fracking in D.C.’s backyard?

We mentioned last week that fracking will be permitted in a national forest in Virginia, near the Potomac's headwaters. Now the outgoing governor of Maryland, Martin O'Malley, says that he will open up lands in the western portion of that state to fracking, although he touts the stringent regulations he intends to impose. The Washington […]

Alan Schwartz Article Argues for Assuming Rational Consumers

Alan Schwartz of Yale has written Regulating for Rationality, Forthcoming in the Stanford Law Review. Here's the abstract: Traditional consumer protection law responds with various forms of disclosure to market imperfections that are the consequence of consumers being imperfectly informed or unsophisticated.  This regulation assumes that consumers can rationally act on the information that it […]

Remarkable gag order in prosecution alleging corporation wrongdoing with fatal consequences

This week, the former CEO of Massey Energy, Don Blankenship, pleaded not guilty to federal charges that he violated mine safety rules and hindered federal safety enforcement in connection with the April 2010 explosion at Massey’s Upper Big Branch Mine, in which 29 miners died.  Despite the intense public interest in the case — which […]

Did GM’s failure promptly to recall defective cars constitute state-law consumer fraud?

The Arizona attorney general sued GM today saying just that. Read about the suit here. An excerpt: Arizona's attorney general has sued General Motors Co. for failing to recall millions of cars and trucks with safety defects the auto giant did not disclose for years. The lawsuit seeks potentially billions of dollars in fines. Attorney […]