Michael Z. Green of Texas A&M has written Expanding the Ban on Forced Arbitration to Race Claims, 72 Kansas Law Review 455 (2024). Here’s the abstract: When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement […]
Environmental Health News reports that a “new U.S. Food and Drug Administration food program, focused on chemical safety, could be an important step to ensure the food we feed our families is safe from harmful chemicals.” The program “will specifically reassess which artificial chemicals are allowed in food.” The article is here.
In a long-running litigation filed in Pennsylvania federal district court, the CFPB today filed a proposed stipulated order, which, if entered, would largely remove Navient from the federal student loan market, and require the company to pay a $20 million penalty and provide $100 million in relief to borrowers. The case includes allegations that Navient […]
The Consumer Financial Protection Bureau just announced that it ordered TD Bank to pay $28 million in fines and in consumer redress over the bank’s credit reporting practices. It is the CFPB’s second enforcement action against TD Bank. “For years, the bank repeatedly shared inaccurate, negative information about its customers to consumer reporting companies. The […]
Here’s the announcement: NACA 2025 Consumer Law Summer Fellowship Program The National Association of Consumer Advocates (NACA) are seeking motivated law students to apply for our Summer Consumer Law Fellowship Program. Interested students should arrange an internship position, contingent on funding, with a Legal Services/ Public Interest Organization’s consumer law unit or a private consumer […]
The Consumer Financial Protection Bureau and the Federal Trade Commission this week issued their annual reporting of their debt collection activities. The CFPB, required under the Consumer Financial Protection Act to report to Congress annually on its activities to administer the Fair Debt Collection Practices Act, recounted its ongoing work on medical debt. Notably, in […]
Craig Cowie of Montana has written Creating Compliance Climates, 75 UC Law Journal (2024). Here’s the abstract: Relatively few regulated entities are the targets of enforcement activity or otherwise have direct contact with regulators. Given that absence of direct contact, this Article posits that regulators influence behavior by creating “compliance climates” that project regulators’ priorities into […]
Yesterday, I noted the Pennsylvania Supreme Court had agreed to hear a case involving browse-wrap arbitration agreements. Later in the day, the Seventh Circuit issued a decision concerning one such agreement, finding that a consumer and a home improvement had entered into a valid and enforceable agreement. Adopting case law from the 9th and 2nd […]
In July 2023, an intermediate appellate court in Pennsylvania decided Chilutti v. Uber Technologies. There, the court held that a so-called “browsewrap” arbitration agreement was invalid, and that two conditions are necessary to establish an unambiguous manifestation for assent to arbitration via a registration for a website: (1) explicitly stating on the registration websites and […]
Two consumers sued Experian after discovering the agency, was reporting an automobile loan as “discharged through bankruptcy,” when they had been making payments on the loan for years, and their attempts to correct the issue proved unsuccessful. For some reason, Experian responded by issuing sweeping discovery requests — including broad subpoenas issued to the law […]