The CFPB’s favorite enforcement targets: banks (no surprise there) and lawyers

According to this article by Jenna Greene, the Consumer Financial Protection Bureau has been targetting lawyers in its enforcement suits. Here's an excerpt: The agency has filed more lawsuits against lawyers than almost any other group, according to an analysis by The National Law Journal, bringing six suits against legal services providers. Only the banking […]

More on “Company Doe” suit in Fourth Circuit

We have blogged about the "company Doe" suit a couple times, including here. That's the case in which a company sued to block the inclusion of a product report in the Consumer Product Safety Commission's publicly available, web-accessible database about potentially dangerous products. The district court permitted the company to litigate in secret and under […]

More from the FDA on generic drug labeling proposal

On Friday, we told you about FDA's proposal to authorize generic drug manufacturers to update labels to provide new warnings, just like brand-name manufacturers have been authorized to do since 1982. Janet Woodcock, the head of FDA's drug research and evaluation division, has written an essay in FDA Voice explaining why the agency wants the […]

Call for Papers for Research Symposium on Student Loans

We've been asked to post the following RFP: Suffolk Law School and the National Consumer Law Center are convening a Research Symposium on Student Loans in Boston on April 10th and 11th.  The goal of the Symposium, which is invitation-only, is to bring together the nation’s top experts, including academics, attorneys, industry representatives, consumer advocates, […]

Peter Holland Op-Ed: Make Debt Buyers Disclose Forward Flow Agreements

by Jeff Sovern Recently I heard an industry lawyer say that to know what regulators will do next, you should listen to consumer advocates. The only individual consumer advocate he mentioned was Peter Holland.  So what is Peter Hollland calling for?  He wants debt buyers, when suing a consumer, to disclose the agreement they entered into to […]

FDA proposes rule to authorize generic drug manufacturers to update labels to provide new warnings (just like brand-name manufacturers are authorized to do)

In Wyeth v. Levine (2009), the Supreme Court held that the FDA's approval of the labeling for a brand-name prescription drug generally does not preempt a personal-injury state-law tort claim premised on the manufacturer's failure to warn about the drug. But, later, in PLIVA v. Mensing (2011), the Supreme Court held that state-law failure-to-warn claims […]

Talesh Paper on How Corporations Use Private Dispute Mechanisms to Weaken Consumer Protection Laws

Shauhin A. Talesh of Irvin has written How the 'Haves' Come Out Ahead in the Twenty-First Century, 62 De Paul Law Review .519 (2013).  Here is the abstract: This paper attempts to bridge and link the “speculations” in Marc Galanter’s seminal article in 1974 regarding how repeat players influence public legal institutions by playing for […]

Another Study of the Credit CARD Act: Did It Restrict Credit Access?

Vikram Jambulapati of MIT's Sloan School of Management and Joanna Stavins of the Boston Fed have written The Credit CARD Act of 2009: What Did Banks Do?  Here's the abstract: The Credit CARD Act of 2009 was intended to prevent practices in the credit card industry that lawmakers viewed as deceptive and abusive. Among other changes, […]

Town Council to Meet on Settlement in Mount Holly Tonight

by Deepak Gupta We've blogged before about Mount Holly–the Supreme Court case about the future of disparate impact in housing and lending discrimination. (My firm represents current and former Members of Congress in the case). All along, it's seemed possible that Mount Holly would settle before the December oral arguments.  This morning, that's looking even […]