by Jeff Sovern One of the things Ira Rheingold and I wrote about in our Times op-ed earlier this summer was the need to require lenders that furnish information to conduct better investigations when they receive complaints about inaccurate information supplied to credit bureaus. Today, the CFPB issued a bulletin about the duties of furnishers. […]
By Paul Bland, Senior Attorney at Public Justice @PblandBland Periodically, people ask me rhetorical questions like, "How much worse can the law of arbitration get? I mean, it's so incredibly bad that it has to have bottomed out, right?" As Jane Wagner famously wrote, no matter how cynical you become, it's never enough to keep […]
M. Ryan Calo of Washington has written Digital Market Manipulation. Here's the abstract: Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything costs $9.99 because consumers see the price as closer to $9 than $10. Although widely cited by academics, the […]
Read about it here. Here's an excerpt: Hiring a nonlawyer to do legal work carries the risk of a bad outcome, but the stakes can be especially high for immigrants. Misfiled forms or missed deadlines can lead to deportation. Legal fraud targeting immigrants is on the rise, according to immigration lawyers who blame confusion arising […]
by Jeff Sovern Acxiom is about to let you find out some of what it knows about you, as this Times story by Natasha Singer reports. Other data brokers should emulate Acxiom and enable consumers to learn what they know about them And if they refuse to do so, Congress should pass legislation requiring them to tell us […]
John A. E. Pottow of Michigan, and two recent graduates, Jacob Brege and Tara J Hawley, have written A Presumptively Better Approach to Arbitrability, 53 Canadian Business Law Journal (2013). Here's the abstract: One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator’s […]
by Paul Alan Levy Over the course of more than twenty years of representing union members in litigation over issues of union democracy, before my main focus switched to Internet law and IP issues, I found that in some unions, the leaders think nothing of spending other peoples’ money – the union treasury that is […]
Nathan Cortez of SMU has written Do Graphic Tobacco Warnings Violate the First Amendment? 64 Hastings L. J. (2013). Here's the abstract: When Congress passed the nation’s first comprehensive tobacco bill in 2009, it replaced the familiar Surgeon General’s warnings, last updated in 1984, with nine blunter warnings. The law also directed the U.S. Food […]
by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi district litigation involving checking overdraft claims. The plaintiffs had several arguments that the particular arbitration clause at […]
Elizabeth Renuart of Albany has written Uneasy Intersections: The Right to Foreclose and the UCC, forthcoming in 48 Wake Forest law Review. Here's the abstract: Historically, the practice of real property and foreclosure law was routine and noncontroversial. This legal landscape significantly altered during the spectacular growth of securitization deals involving trillions of dollars of […]