We have discussed the increasing use by companies of non-disparagement clauses in take-it-or-leave-it consumer contracts, where the consumer "agrees" not to say anything critical of a company from which it buys something Go, for instance, here, discussing the use of these clauses in mortgage loan-modification contracts. And we have discussed repeatedly (go, for instance, here […]
32 feet, according to Omri Ben-Shahar's and Carl E. Schneider's new book, More Than You Wanted to Know. To see a picture of the contract hanging from the ceiling of the Chicago Law School library two stories up (and it more than reaches the ground), watch the video here.
Tara Twomey of the National Consumer Law Center and National Consumer Bankruptcy Rights Center has written Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy. Here is the abstract: The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans […]
by Jeff Sovern Here. Eleven proposed bills this time. It creates an interesting contrast with the just issued CFPB's Supervisory Highlights report, which reports, for example, that the CFPB found that one collection firm violated debt collection laws approximately 17,000 times and a creditor has been selling debts on which consumers were no longer liable. […]
Mortgage servicers increasingly are including non-disparagement clauses in loan modification agreements, including ordinary loan modifications (i.e., those that are not negotiated in settlement of litigation). In at least one instance, Ocwen, the largest non-bank servicer of mortgages in the U.S. thanks to a number of acquisitions in recent years, sought to impose a non-disparagement provision […]
…is the catchy title of an NPR reporting series airing this week about the rise of new "debtors' prisons" as a result of state and local court practices across the country. According to the written summary of the story, everyday, people go to jail because they failed to pay their court debts. In Benton County, […]
According to the FTC, a Houston-based debt collection company called Goldman Schwartz, Inc., used insults, lies, and false threats of imprisonment to collect on payday loans. Under a settlement announced this week, the company’s owner will surrender his assets, approximately $550,000, to pay restitution to consumers who were charged unauthorized fees. The settlement also permanently […]
by Paul Alan Levy In the discussion of yesterday’s decision rejecting a lawsuit by the DC Council against Mayor Vincent Gray, I found a procedural puzzlement. The City Council sued Gray for a declaratory judgment and an injunction compelling him to comply with the Local Budget Autonomy Act; Gray counterclaimed for a declaratory judgment that […]
by Paul Alan Levy I wrote recently about a letter from an HHS lawyer, Dale Berkley, that appeared to threaten a blogger with a lawsuit for defamation because the blogger had published a mock interview with a an HHS official which, the demand letter said, could have misled readers into believing that the official had […]
by Paul Alan Levy The last time I blogged about Med Express, the eBay seller that brought a defamation suit against two eBay customers for leaving truthful and mildly critical feedback, then apologized and blamed its lawyer for filing a different lawsuit from the one it wanted to file, we had just gone to trial […]