California’s Prop. 46 pairs a good consumer measure with a bad civil-liberties one

As the Washington Post reports, now heating up (in terms of money and ads) is the campaign over California's Proposition 46, which will go to the voters this November. One aspect of the measure would raise the cap on medical malpractice damages from $250,000 to $1.1 million — an important step for accountability in the […]

Bank of America to Pay $16.65 Billion to Settle Fraud Charges

The Department of Justice has announced a $16.65 billion settlement with Bank of America in connection with charges of financial fraud leading up to and during the financial crisis. According to the DOJ press statement, the settlement is "the largest civil settlement with a single entity in American history." The settlement will "resolve federal and […]

“Good news for Obamacare: Health coverage is soaring, but health care prices aren’t”

That's the name of this article from Vox, which is worth a read. Here's an excerpt: Health care prices have grown really slowly this summer, a piece of good economic news released by the Bureau of Labor Statistics Tuesday. The price of medical care commodities, which includes drugs and other medical  devices, grew 0.3 percent from […]

Is there a better (even decent) alternative to the payday loan?

There's no question that, for some low-wage workers, it can be finanically difficult or impossible to wait for pay day. So even if pay day loans are a bad thing for consumers, the demand for them is created by a very real problem. So, in Is ActiveHours A True Payday Alternative Or Just Another Too-Good-To-Be-True […]

Ninth Circuit: website’s terms of use unenforceable where consumer lacked reasonable notice

We've posted before on the subject of contract formation in the digital age (see here, for instance). A key question is: what online terms can a consumer be held to if she hasn't read them? The answer depends on how prominent the terms were, whether the consumer had to indicate assent, and whether a reasonable […]

Fourth Circuit rejects arguments that FDCPA protections apply only if debtor disputes the debt

The federal Fair Debt Collection Practices Act provides a host of protections against harassment and abuse by debt collectors. One provision permits the debtor to dispute the debt, a step that requires the debt collector to verify the debt before continuing collection activities. Another provision prohibits the collection of debts using false or misleading representations […]

Should HIPPA Block Doctors’ Offices From Posting Baby Pictures? It Does.

by Jeff Sovern You know those bulletin boards you used to see at some doctors' offices with snapshots of babies they had either treated or delivered?  Well, last week, the Times ran an article, Baby Pictures at the Doctor’s? Cute, Sure, but Illegal about how display of the photos where patients and others could see them […]

Ron Elwood on Payday Lending

Ron Elwood has written The Verdict Is in: Payday Lending Is Guilty as Charged, Clearinghouse Review: the Journal of Poverty Law & Policy.  Here's the abstract: The payday loan is symptomatic of the failure to provide access to reasonably priced credit. By understanding the fallacies in the arguments used to justify payday loans, advocates can […]