Whirlpool to Congress: protect us from class actions for misleading consumers

Manufacturers of home appliances (like Whirlpool) have been sued for misusing the EPA's "Energy Star" label to suggest that products were more energy efficient than they actually were. The industry response has been to try to get Congress to ban such suits. This quote from Shannon Baker-Branstetter of Consumers Union (the publisher of Consumer Reports) […]

CFPB begins taking consumer complaints on prepaid cards and other nonbank products

The Consumer Financial Protection Bureau has been taking consumer complaints on a wide range of topics for some time now, including mortgage lending, credit reporting, private students, and (more recently) debt collection. The agency announced today that it is now taking complaints concerning prepaid cards and other nonbank products. Here is the agency's press release: […]

More evidence of plummeting rates of uninsured under the Affordable Care Act

We have been providing reports (go, for instance, here) of evidence that the number of Americans lacking health insurance has been dropping as the Affordable Care Act goes into effect. Here is the latest: State insurance officials [in Washington state] say fewer than 9 percent of Washington residents still don't have health insurance. That's a significant […]

A debate on off-label drug promotion, the limits of FDA regulation, and the First Amendment

Is off-label drug promotion–promotion of drugs for uses other than those approved by the FDA — good, bad, or something in between? What can the FDA do to curb off-label promotion by drug sellers consistent with the First Amendment? Law professors Stephanie Greene and Lars Noah have recently debated the issue in writing in Off-Label […]

Hartzog & Solove on the FTC and Data Protection

Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society and Daniel J. Solove of George Washington have written The Scope and Potential of FTC Data Protection, 83 George Washington Law Review (2015, Forthcoming).  Here is the abstract: For more than fifteen years, the Federal Trade Commission (FTC) has regulated privacy […]

More From Mullenix on Aggregate Litigation

On Monday, Brian posted a link to Linda Mullenix's article, Ending Class Actions as We Know Them.  But Professor Mullenix has more thoughts on aggregate litigation, appearing in Reflections of a Recovering Aggregationist, 15 U. Nev. L. Rev., (2014 Forthcoming).  Here's the abstract: The past fifty years have experienced a radical reformation of civil litigation in […]

Servicing of federal student loans

Professors Eric Fink and Roland Zullo have written Federal Student Loan Servicing: Contract Problems and Public Solutions Here is the abstract: One consequence of the 2007-2008 financial crisis was an abrupt shift from bank-based to direct federal student loans. This momentous change required the Department of Education to rapidly establish the capacity to service loans, […]

Free Speech Bullying by Ubervita

Ars Technica reported recently that Chief Judge Marsha Pechman of the Western District of Washington had ordered the identification ("unmasking") of hundreds of Amazon users who posted comments critical of the "nutritional supplements" sold by the company “Ubervita.”  The article was completely accurate but the headline was somewhat overstated – Judge Pechman had only authorized […]

CFPB proposes adding narratives to complaint database

The CFPB’s Consumer Complaint Database is a publicly accessible, online database of consumer financial complaints. It includes anonymous information about the complaints received, including the date of submission, the consumer’s zip code, the relevant company, the product type, the issue the consumer is complaining about, and the company’s response. Although when a consumer enters information […]

Stark et al. Article on Reverse Mortgages

Debra Pogrund Stark of John Marshall, Jessica M. Choplin a DePaul psychologist, Joseph A. Mikels, also a DePaul psychologist, and Amber Schonbrun McDonnell have written Complex Decision-Making and Cognitive Aging Call for Enhanced Protection of Seniors Contemplating Reverse Mortgages, 46 Arizona State Law Journal (2014).  Here is the abstract: This article explains what reverse mortgages […]