The federal government agrees to a non-disparagement clause

I was surprised to learn, as the National Law Journal reported today: The recent settlement of the long-running legal dispute over modernization of the U.S. Supreme Court building included a pledge by the government not to give the contractor any negative ratings. Read more here (subscription required). I imagine it's unusual to see an entity […]

Consumerist reports: online retailer that threatened consumer uses bogus endorsements

We told you yesterday about the online merchant Accessory Outlet, which demanded $250 from a consumer and told her she was "playing games with the wrong people" after the consumer said she would contact her credit card company about a transaction with Accessory Outlet. Now, Consumerist has compiled some additional, telling information — turns out, […]

New SEC rules on asset-backed securities and credit rating agencies

Taking aim at some of the key causes of the financial crisis, the SEC approved rules on Wednesday that would require issuers of asset-backed securities — complex investments based on mortgages, auto loans or other types of debt — to disclose more information about the underlying loans. The rules are meant to help investors better […]

Paper on Privacy Harms and the Notice and Choice Framework

Joel R. Reidenberg, N. Cameron Russell, Alexander J. Callen, Sophia Qasir, and Thomas B. Norton, all of Fordham, have written Privacy Harms and the Effectiveness of the Notice and Choice Framework. Here is the abstract: In the last fifteen years, the Federal Trade Commission and the White House have promoted notice and choice as the […]

Another KlearGear? Online retailer Accessory Outlet demands $250 from consumer just for saying she’ll contact her credit card company; Public Citizen sues

The march of the non-disparagement clauses continues. This time the business is Accessory Outlet, another web-based retailer. Its terms (fine print, as usual) prohibit “any complaint, chargeback, claim, dispute,” or “any public forum post, review, Better Business Bureau complaint, social media post, or any public statement regarding the order,” or threats to take any of […]

California’s Prop. 46 pairs a good consumer measure with a bad civil-liberties one

As the Washington Post reports, now heating up (in terms of money and ads) is the campaign over California's Proposition 46, which will go to the voters this November. One aspect of the measure would raise the cap on medical malpractice damages from $250,000 to $1.1 million — an important step for accountability in the […]