Since the Supreme Court’s decision in TransUnion LLC v. Ramirez, many consumers have been unable to obtain relief for violations of their statutory rights under the Fair Credit Reporting Act. Yesterday’s decision by the Sixth Circuit in Merck v. Walmart, Inc. is another case in that line. The plaintiff, Thomas Merck, had been extended a job […]
So reports PHILIP MARCELO of the Associated Press here. This isn’t the first time a company has changed course in an arbitration demand after adverse publicity. Wells Fargo had actually won a motion to send a case to arbitration arising out of its unauthorized account scandal back in 2016, before settling its class action for […]
In March, I blogged about the Third Circuit’s decision in CFPB v. National Collegiate Master Student Loan Trust, a long-running enforcement action brought by the CFPB against investment trusts that were created for the purposes of acquiring and servicing student loans, seeking to enforce civil investigative demands. The trusts have now filed a petition for […]
Here (behind paywall but available on Lexis). Here’s a quote from Georgetown’s Adam Levitin that appears in the article: “Delay is incredibly profitable to regulated firms seeking to avoid regulation,” Levitin said. “It really doesn’t matter that they’ll lose in the end. That can mean billions of dollars of additional revenue from practices that the […]
USA Today has the story here. I wonder if Disney will back off after its public relations black eye.
Often, consumers are arguing that they cannot be bound to certain terms because they never saw them, or lacked a sufficient opportunity to review them, before entering into a relationship with a business. Today, the Eleventh Circuit addressed a different scenario — where a company was arguing that the terms and conditions it presented to […]
A home equity line of credit, or “HELOC,” is a loan product that allows a consumer to borrow money, using their equity in their home as collateral. William Lyons had taken out a HELOC from a predecessor to PNC Bank. Years later, PNC withdrew money from Lyons’ deposit account to offset outstanding payments on the […]
Finalizing a rulemaking began in November 2022, the FTC yesterday unanimously approved a rule that (1) prohibits fake or false consumer reviews and testimonials, including those generated by AI and influencers; (2) prohibiting businesses from paying consumers for reviews based on their expressing a particular sentiment; (3) requiring reviews and testimonials written by company insiders […]
In 2018, a consumer brought a putative FDCPA class action based on a letter naming the collection arm of her credit card company, rather than the credit card company itself, as the “current/original creditor.” A federal district court granted the defendant’s motion to compel arbitration, and the parties arbitrated the dispute. After 4 years of […]
In 2021, a group of consumers sued Amazon, alleging that Amazon violated Washington’s Consumer Protection Act “by charging consumers grossly inflated and thus ‘unfair’ prices during the COVID-19 pandemic.” A federal district court certified to the Washington Supreme Court whether the state law’s “prohibition on “unfair” acts or practices comprehend a price gouging claim of the […]