Paying a private company to test your DNA so you can learn about your health status? This article by Brady Dennis suggests you may want to think twice. Here's an excerpt: The Food and Drug Administration has ordered the maker of a popular genetic-testing kit to halt sales of its heavily marketed product, saying the […]
Five years ago, John Palmer ordered Christmas gifts online from a web merchant called KlearGear.com. When the gifts didn’t come and John’s attempts to contact KlearGear were unsuccessful, his wife Jen posted a negative review on RipoffReport.com. In 2012, the Palmers received a demand from KlearGear for $3500. According to KlearGear, the Palmers violated a […]
On the Contracts Prof Blog, as part of a symposium on Nancy Kim's Wrap Contracts: Foundations and Ramifications (Oxford UP 2013). An excerpt: Like asbestos in its heyday, manufacturers and service providers use “wrap contracts” everywhere. They have properties that facilitate commerce but that does not mean that they are not toxic and dangerous for those exposed to […]
James C. Cooper of George Mason has written The Perils of Excessive Discretion: The Elusive Meaning of Unfairness in Section 5 of the FTC Act. Here's the abstract: Section 5 of the Federal Trade Commission (FTC) Act gives the FTC an undefined mandate to prosecute "unfair methods of competition." For nearly 100 years, the Commission […]
by Brian Wolfman Ninth Circuit chief judge Alex Kozinski and his wife, Marcy Tiffany, own a Nissan Leaf, an all-electric car. Kozinski and Tiffany are absent class members in a federal class action in California in which the plaintiffs allege that the Leaf's battery is defective. (Kozinski and Tiffany seem to agree, saying that their […]
The US Court of Appeals for the Seventh Circuit yesterday held that the federal Telephone Consumer Protection Act (TCPA) does not preempt Indiana’s state robocall ban. The TCPA regulates various telemarketing behavior and regulates the use of autodialers. The federal regulations allow robocalls for non-commercial purposes, but the Indiana law bans all robocalls made without […]
by Paul Alan Levy In response to aggressive reporting on the blog Digital Music News about the contract terms that Apple has imposed on independent labels that lack the economic clout to negotiate their own specific deals regarding iTunes Radio, Apple sent a DMCA takedown notice to Scribd, where the blog had posted the contract […]
Big news with implications for many aspects of the law. The changes eliminate filibusters on most nominees, but preserve the filibuster for Supreme Court picks and legislation. Politico has the story.
The CFPB yesterday announced an enforcement action against payday lender Cash America International Inc. According to the CFPB's press release, Cash America will pay up to $14 million in refunds to consumers for robo-signing court documents in debt collection lawsuits, and will pay a $5 million fine for the robo-sgning and for destroying records in […]
Last week, the CFPB filed an amicus brief in the Second Circuit in Otoe-Missouria Tribe of Indians et al. v. New York Department of Financial Services, a case in which online tribal payday lenders are challenging regulation by New York State. The CFPB's brief takes issue with the lenders' argument that Title X of the Dodd-Frank Act and […]