NCLC: “Tax-time consumer troubles”

The National Consumer Law Center has issued Tax-time consumer troubles, which warns consumers about a host of problems that they may encounter from largely worthless (but expensive) refund-anticipation products and from abuse and incompetence in the tax-preparation industry. We posted last December on NCLC's comprehensive report on that industry, which included specific proposals for reform.

Dietz v. Perez: Virginia Jury Finds Both Sides at Fault, Awards No Damages

A  bit over a year ago, I discussed on this blog a petition that we filed in the Virginia Supreme Court seeking to set aside a preliminary injunction issued by a state trial judge in a defamation suit filed by a Maryland contractor, Christopher Dietz, against a Virginia woman, Jane Perez, who had posted reviews […]

American Banker: Cordray Loses Cool After House GOP Attacks

by Jeff Sovern Here (behind a paywall). Cordray was testifying before the House Financial Services Committee and, according to the article, was subject to some attacks that seem absurd, at least to me. Excerpt: [Rep. Stevan Pearce, R-N.M] suggested that data collection undertaken by the CFPB could be passed onto political campaigns. "But I will […]

Fourth Circuit: FDCPA Gives Consumers the Right to Oral Disputes

Does federal law require debt collectors to give consumers the right to make oral disputes (as the Second and Ninth Circuits have held), or may debt collectors insist that any disputes be made in writing (as the Third Circuit has held)? Today, the Fourth Circuit issued a short published opinion agreeing with the Second and […]

CFPB brings enforcement action against mortgage originator alleging illegal kickbacks

The Consumer Financial Protection Bureau brought an administrative enforcement action yesterday against morgage originator giant PHH Corporation alleging, among other things, violations of the anti-kickback provisions of The Real Estate Settlements Procedures Act (RESPA). To quote the agency's press release: Today, the Consumer Financial Protection Bureau (CFPB) initiated an administrative proceeding against PHH Corporation and […]

Suffolk Law Review Symposium on Credit Scoring and Reporting Now Available Online

Here. Here's a list of the articles: Credit Reports and Employment: Findings from the 2012 National Survey on Credit Card Debt of Low- and Middle-Income Households  by Amy Traub · Medical Debt and Its Relevance When Assessing Creditworthiness by Mark Rukavina  Discriminatory Effects of Credit Scoring on Communities of Color by Lisa Rice and Deidre Swesnik The Misconception of […]

Second Circuit tosses suit against Fed for AIG takeover

A succinct summary of today's opinion in Starr Int'l v. Fed. Reserve Bank of N.Y.: This suit challenges the extraordinary measures taken by FRBNY to rescue AIG from bankruptcy at the height of the direst financial crisis in modern times. In light of the direct conflict these measures created between the private duties imposed by […]

Tenth Circuit rejects “one-sidedness” as defense to arbitration clause

Even as the Supreme Court has aggressively wielded the Federal Arbitration Act to preempt state-law contract rules that prevent arbitration, state courts have still been able to use traditional contract doctrines to invalidate arbitration agreements that are unfairly "one-sided" — for instance, where an agreement provides that a business gets to bring its claims in […]

Paper on the Ethics of Payment Mechanisms

James Angel of Georgetown's Finance Department and Douglas M. McCabe of Georgetown's Management Department have written The Ethics of Payments: Paper, Plastic, or Bitcoin?  Here is the abstract: Individuals and businesses make billions of payments every day in various forms. Payers have choices about what forms of payment they will make, and payees also have […]