How would the CFPB fare under Heritage’s Project 2025?

The Heritage Foundation has created what it describes as “the conservative movement’s unified effort to be ready for the next conservative Administration to govern” in a document titled Mandate for Leadership: The Conservative Promise, with a subheading of Project 2025; Presidential Transition Project. As far as I know, no presidential candidate has adopted it. It […]

Caruso and Cox article on subscription contract regulation

Given the pervasiveness of subscription contracts, regulation of such contracts has become a much more important consumer protection topic. And here is an article that tells us how to do that: Kaitlin Ainsworth Caruso of Maine and Prentiss Cox of Minnesota’s Silence as Consumer Consent: Global Regulation of Negative Option Contracts, American University Law Review, […]

New York Appellate Court Endorses the Dendrite Test for Subpoenas to Identify Anonymous Speakers

In a decision issued today, New York’s Appellate Division for the First Department reversed a decision of the state supreme court that had ordered Google and GoDaddy to identify BehindMLM, the author of a blog about multilevel marketing schemes, and quashed subpoenas to Google (the host of the blog) and GoDaddy (the registrar of the […]

Supreme Court addresses National Bank Act preemption

The Supreme Court today issued a unanimous decision on an issue concerning the scope of preemption under the National Bank Act. In this case, a borrower sued Bank of America for failing to pay interest on his mortgage escrow account, as required by New York law. The bank argued that the National Bank Act preempts […]

Fifth Circuit Stops Transfer of CFPB Late Fees Rule Case, Again

Washington, D.C. or Texas. Which jurisdiction will ultimately hear the merits of an industry lawsuit challenging the Consumer Financial Protection Bureau’s rule to limit credit card late fees? For the second time since the industry lawsuit against the CFPB was filed in March, the Fifth Circuit Court of Appeals paused a U.S. District Court for […]

FTC’s report on 2023 activities re TILA, CLA, and EFTA

The Federal Trade Commission sent its annual report to the Consumer Financial Protection Bureau on the FTC’s 2023 enforcement and related activities on the Truth in Lending Act, Consumer Leasing Act, and Electronic Fund Transfer Act. The report highlights the FTC’s enforcement actions and initiatives under these laws and their implementing regulations, including in the […]

Tereszkiewicz article on auto warranty reimbursement and its effect on consumers

Piotr Tereszkiewicz of the Jagiellonian University in Krakow – Faculty of Law and Administration and KU Leuven – Faculty of Law has written Cruising Beyond Car Dealer Dominance, University of Michigan Journal of Law Reform, Forthcoming. Here’s the abstract: The automotive industry plays a pivotal role in both the American economy and daily life. This Article contends […]

Raba and Jimenez’s important study on what happens when debt defendants have to pay to file answers

Claire Johnson Raba of Illinois-Chicago and California-Irvine and Dalié Jiménez of California- Irvine and Harvard’s Center on the Legal Profession have written Pay to Plead: Finding Unfairness and Abusive Practices in California Debt Collection Cases. Here’s the abstract: In this Article, we report on one of the largest studies of debt collection lawsuits ever attempted. We […]

SCOTUS: “disputes are subject to arbitration if, and only if, the parties actually agreed to arbitrate those disputes.”

From today’s decision in Coinbase, Inc. v. Suski. Longtime readers will recall the empirical evidence that consumers do not understand arbitration clauses and so, in my view, they have not “actually agreed” to arbitration clauses.

For law professors: want to be on a list of consumer law profs for reporters to call?

I often get emails from reporters seeking comment on a consumer law matter. When I can, I answer their questions, but frequently they want someone who knows about an aspect of consumer law I don’t know that much about. In such cases, I refer them to someone else when I know of a better choice […]