Suit against mortgage servicer Ocwen alleges fraudulent charges, back-dated letters

NPR's Morning Edition this morning covered this pending case, in which borrowers assert a variety of unlawful practices. The New York State Department of Financial Services is also investigating. For instance, one couple says that Ocwen charged fees for "property preservation" even though the couple lived in the home, force-placed insurance even though the couple […]

Documenting Google’s information empire

… is the goal of this Public Citizen report, worth a read. This excerpt from the introduction gives a flavor: As Google has continued to flourish, it has become ever bolder and more sophisticated in its methods to collect and combine information about individuals to generate revenue. Most Google users are likely aware that Google […]

Worrisome Features of the Terms of Use at “Social Networking Sites”

by Paul Alan Levy  Late last week I attended a conference on Social Media Liability at Suffolk University Law School.  My own talk, about practical considerations in litigating online free speech issues, is not yet in publishable form, but a fascinating empirical study of the terms of use of several hundred "social networking sites" was […]

FTC and Florida AG Put A Stop to Robocalls Used to Fraudulently Pitch Medical Alert Devices to Seniors

A settlement obtained by the Federal Trade Commission and the Office of the Florida Attorney General permanently shuts down an Orlando-based operation that bilked seniors by using pre-recorded robocalls to sell them supposedly free medical alert systems. The FTC's press release is here. The Stipulated Order and Permanent Injunction is here.

What will the CFPB do on mandatory pre-dispute arbitration?

That's the topic of Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments by law professor Louis Del Duca. Here is the abstract: Judicial precedent with regards to mandatory pre-dispute arbitration agreements has given such clauses substantial protection, resulting in their widespread inclusion in boilerplate contract language. However, recent findings and assertions from […]

Kirgis on the CFPB Monitor Post on the St. John’s Arbitration Study

by Jeff Sovern My coauthor, Paul Kirgis, has posted an excellent response to Alan S. Kaplinsky and Mark J. Levin's comments on the CFPB Monitor on our arbitration study. His response also has the virtue of being briefer than mine.  While Paul's post is worth reading in full, here is my favorite part:  Citizens cannot […]

St. John’s Arbitration Study Suggests Opt-Outs Are Not the Answer to Arbitration Clauses

by Jeff Sovern Alan S. Kaplinsky and Mark J. Levin, in their comments at the CFPB Monitor, wrote about the contract we showed the survey respondents: "The hypothetical card agreement used in the St. John’s study did not even contain an opt-out provision, although a substantial number of arbitration clauses in use today contain such […]

ABA Issues Formal Ethics Opinion on Prosecutors Who Rent Out their Letterhead to Debt Collectors

by Deepak Gupta Since its inception, this blog has covered the pernicious practice of prosecutors who rent out their name and authority to private for-profit debt collectors. As readers may recall, these debt collectors use official-looking letterhead to threaten consumers who have accidentally bounced checks for household purchases  — consumers are told they'll face criminal […]