The question in the case, Santos v. Yellowfin Loan Servicing Corp., No. 22-0910 (Tex. S. Ct.), is whether a claim to collect a deficiency judgment on a second mortgage accrues when that judgment is entered or whenever in the future the lender (or its successor in interest) decides to “accelerate” the original mortgage loan. Lenders […]
Abigail Faust of The Van Leer Jerusalem Institute has written Regulating Excessive Credit, forthcoming in the Wisconsin Law Review. Here is the abstract: Consumer financial protection law is dominated by ex-ante, contract-centered regulatory measures. But these measures largely fail to curb lenders’ incentive to lend beyond consumers’ ability to repay. The Article thus suggests an alternative […]
In its decisions in Spokeo v. Robins and TransUnion v. Ramirez, the Supreme Court held that consumers lack Article III standing to challenge violations of the Fair Credit Reporting Act absent the showing of some concrete harm beyond the publication of inaccurate credit information. On Tuesday, the Fourth Circuit confronted how those decisions interact with […]
An amicus curiae brief filed today on behalf of three former clients whose right to use trademarks for purposes of parody we defended on a number of occasions over the past two decades, urges the Supreme Court to uphold the Rogers v. Grimaldi standard as a screen to weed out weak trademark infringement claims brought […]
“By listening to and recording users’ voices, voice assistants gather large amounts of personal data that technology companies can share with third parties. Technology experts expect the voice assistant market to continue growing, but there are few federal regulations that apply to voice-activated technology. The U.S. Federal Trade Commission (FTC) has provided recommendations to help […]
A recent Washington Post article looks at “a big, fat map of credit scores reproduced from a recent economics paper” and finds “any number of tantalizing questions.” But “most intrigu[ing]” is “that big band of credit-score calamity that stretches across the American South”: “Almost every corner of America’s most populous region — every race, every […]
The New York Times reports that Louis Vuitton, perhaps the most notorious trademark bully of them all, used a Joan Mitchell painting in one of its advertisements after her foundation repeatedly refused permission because she had, and it has, a strict policy against commercial use of her work. The Joan Mitchell Foundation has sent a […]
Here (behind paywall). The information ultimately comes from the Department of Education.
Shady auto dealer practices take center stage in the Federal Trade Commission’s latest report on its 2022 enforcement activities related to fair lending. Each year, the FTC submits a letter to the Consumer Financial Protection Bureau recounting actions it took tied to the Equal Credit Opportunity Act, a law to combat discrimination in lending. Last […]
The Consumer Financial Protection Bureau has released a report examining trends in credit reporting of debt in collections from 2018 to 2022. The report finds that the total number of collections tradelines on credit reports declined by 33%, from 261 million tradelines in 2018 to 175 million tradelines in 2022. The share of consumers with […]