Want to become a fellow of the American College of Consumer Financial Services Lawyers?

We received the following: The American College is now inviting nominations of outstanding lawyers who have achieved preeminence in consumer financial services law. Nominees must: Have 10+ years of experience practicing consumer financial services law; Have a U.S. consumer financial services law practice; Have achieved preeminence in the field through repeated and substantial contributions (e.g., […]

9th Circuit Holds Cantero Doesn’t Overrule its National Bank Act Preemption Cases

In 2024, the Supreme Court decided Cantero v. Bank of America, unanimously vacating the Second Circuit’s decision finding a New York law on interest on escrow accounts for home mortgage loans preempted  by the National Bank Act. At the same time, the Court granted, vacated, and remanded Kivett v. Flagstar Bank, a decision from the […]

En Banc Fifth Circuit Set to Neuter DOT’s Ability to Protect Consumers via Rulemaking

In 2024, the Department of Transportation issued a rule requiring airlines to disclose certain ancillary fees upfront when potential customers search for itineraries. Afraid that such transparency might cut into profits, the airline industry petitioned for review in the Fifth Circuit, which granted a stay pending appeal. In January 2025, a panel of the Fifth Circuit […]

Court trims challenge to CPSC guidance and commissioner statements re weighted blankets

Dreamland Baby, a manufacturer and seller of weighted sleep blankets and swaddles, sued the Consumer Product Safety Commission, former CPSC Commissioner Trumka, HHS, and two HHS subagencies based on (1) the CPSC’s “Safe Sleep” guidance, advising against the use of such blankets and swaddles for infants; and (2) statements by HHS and Commissioner Trumka about […]

Amazon to pay $2.5 billion to settle FTC claims re Amazon Prime signups

Last week, I posted about a Western District of Washington decision granting partial summary judgment to the FTC on claims against Amazon relating to the enrollment flow for Amazon Prime subscriptions. A trial began earlier this week on the remaining claims, but, today, the FTC announced a $2.5 billion settlement, including $1.5 billion to be […]

9th Circuit kicks “Germ Removal” wipes class action on amount-in-controversy grounds

Several consumers filed California state law class actions against Kimberly-Clark in federal district court, alleging that they were misled into believing that Kleenex Germ Removal wet wipes contained germicides, not just soaps. The district court dismissed the non-California plaintiffs’ claims for lack of personal jurisdiction,  and dismissed the remaining claims with prejudice on the grounds that […]

NY Times: Trump Appointees Roll Back Enforcement of Fair Housing Laws

Here, by Debra Kamin. It sounds very bad. Excerpt: In interviews, half a dozen current and former employees of HUD’s fair housing office said that the Trump political appointees had made it nearly impossible for them to do their jobs, which involve investigating and prosecuting landlords, real estate agents, lenders and others who discriminate based […]

Seth Frotman on uniting consumers, workers, and small businesses

At The Sling. An excerpt: This is a moment for advocates—across labor, consumer, and small business—to come together. To align not just around a shared set of values, but a shared understanding of who holds the power in this economy—and how we’re going to take some of it back for the guy who runs the halal cart, […]

Court upholds sanctions against consumer lawyers who falsified dispute letters

From the Third Circuit’s opinion today: J.P. Ward & Associates is a debt-defense law firm that handles many [FDCPA] §1692e(8) claims. To “scal[e]” up its practice and get more fees, named partner Joshua Ward and lawyer Travis Gordon hatched a scheme. If a client approached the firm to dispute a debt, the firm would get […]