by Jeff Sovern The CFPB Monitor blog has a post titled Industry trade groups urge OMB not to approve CFPB arbitration telephone survey about a filing by the American Bankers Association, the Consumer Bankers Association and the Financial Services Roundtable. They "strongly recommend that OMB not approve the proposal because it will not produce information of practical utility […]
Christopher R. Drahozal of Kansas has written AAA Consumer Arbitration, forthcoming in Beyond Elite Law: Access to Civil Justice for Americans of Average Means (Samuel Estreicher & Joy Radice eds. Cambridge University Press). Here's the abstract: This chapter has provided an overview of consumer arbitrations administered by the American Arbitration Association, the largest administrator of […]
This week, New York's highest court has confirmed the right of towns to ban fracking. Though legally a case about the power of localities versus the preemptive effect of state law, the result is that opponents of fracking have a powerful tool — local ordinances — to prevent fracking in their communities. (Fracking is a […]
This week, the Seventh Circuit reversed the denial of class certification in Zanetti v. IKO Mfg., a case about roof tiles marketed with the allegedly false claim that they met a certain industry standard. The district court denied class certification — in the words of the Seventh Circuit — "under a mistaken belief that 'commonality […]
As the country reflects on the Civil Rights Act of 1964 — which went into effect on July 2, 1964 –50 years in, read this op-ed by Georgetown law prof Sheryll Cashin.
You may remember that, last September, we told you about a 9th Circuit decision holding that Google violated federal Wiretap Act when it collected individual consumers' unencrypted wi-fi data while capturing "Street View" photographs. Here's what the 9th Circuit said at the time: In the course of capturing its Street View photographs, Google collected data […]
NPR reporter Steve Henn (who has covered both economics and technology) conducted an experiment: he asked a couple computer experts to follow his internet traffic for a week and see how much they could learn. The answer? A whole lot. They ended up knowing so much about Henn and his movements that they could have […]
by Jeff Sovern In its ongoing efforts to weaken the CFPB and consumer protection generally, the House Financial Services Comittee's Subcommittee on Financial institutions and Consumer Credit held a hearing on May 21 on eleven bills. I will talk in this post about only one, the so-called ‘‘Preventing Regulatory Abuse Act of 2014, sponsored by Representative Barr. As regular […]
When a group of class-action objectors appealed the settlement of the privacy case against Facebook for (among other things) the unlawful use of minors’ images for advertising without parental consent, class counsel sought to impose on each objector-appellant an appeal bond of $32,000. (For more background, see here.) One of class counsel’s arguments was that […]
As we've recounted, this is the case of the company that tried to litigate in secret and under a pseudonym in challenging the Consumer Product Safety Commission's decision to post a product report on its product safety database, saferproducts.gov. The district court granted the seal and permission to use a pseudonym, and at the same […]