In significant victory for tenants, California appellate court interprets Protecting Tenants Against Foreclosure Act to do just that

Last week in Nativi v. Deutsche Bank, the California Court of Appeal applied the federal Protecting Tenants Against Foreclosure Act of 2009 (PTFA) to revive two renters' state-law claims against the bank that bought the property they were renting. Rosario Nativi and her son Jose Perez had been living in their home in Sunnyvale, California, […]

CFPB issues consumer advisory on data breaches (such as the Target data breach)

We've covered the Target data breach and posted pieces (here, for instance) suggesting what consumers can do to mitigate the risks from that breach and others like it. Now, the Consumer Financial Protection Bureau has issued a consumer advisory of its own on the topic. The agency has also issued a press release, which I'm […]

Call for Papers: Legal and Ethical Issues in Predictive Data (Including Consumer Protection Issues)

RESEARCH COLLOQUIUM: CALL FOR PAPERS LEGAL AND ETHICAL ISSUES IN PREDICTIVE DATA ANALYTICS June 19 & 20, 2014 Blacksburg, Va. Abstract Submission Deadline: March 3, 2014 A research colloquium, “Legal and Ethical Issues in Predictive Data Analytics,” hosted by Professor Janine Hiller of Virginia Tech and co-organized by Professor Tonia Hap Murphy of the University […]

HIV drug pricing case leads to significant gay rights decision

An antitrust dispute between two pharmaceutical companies over the licensing and pricing of HIV drugs was the setting for a significant ruling from the Ninth Circuit this week regarding discrimination against gay jurors. Applying heightened scrutiny to LGBT jurors, the court held that using a peremptory strike to dismiss a gay juror violates the constitution. […]

Ninth Circuit rejects attempt to limit credit card fees based on protections for companies against punitive damages

[Update: David and I were clearly on the same page this morning — by the time I finished writing this post, he had already just posted on the same case. I'll leave my thoughts up as a complement to his.] In an opinion sympathetic in tone to the problems of ordinary consumers but ultimately unable […]

Should substantive due process stop courts from enforcing excessive penalties in consumer contracts?

For years now, some have argued that if substantive due process prohibits disproportionately large punitive damages awards against major corporations, it also should stop courts from enforcing excessive contract damages against consumers. See Seana Valentine Shiffrin, Are Credit Card Late Fees Unconstitutional?, 15 Wm. & Mary Bill Rts. J. 457, 460 (2006). Two Ninth Circuit judges […]

Vermont AG settlement: If something’s not from Vermont, you can’t say it is (and some gratuitous musings on consumer law enforcement)

by Brian Wolfman According to this Associated Press story, in 2012, the Vermont Attorney General sued a company called Vermints under Vermont’s consumer protection law alleging that Vermints had mislabeled its mints “Vermont’s All-Natural Mints” (my emphasis). What was the AG’s beef with the label? According to the suit, the company is Massachusetts-based and the […]