by Jeff Sovern I just read a terrific article by Richard Craswell of Stanford, Static Versus Dynamic Disclosures, and How Not to Judge Their Success or Failure, 88 Washington Law Review 333 (2013). Here's the abstract: Disclosure laws can serve many different purposes. This Article is the first to distinguish two of those purposes, which […]
Last November, the Center for Science in the Public Interest (CSPI) filed this class-action complaint claiming that the maker of 7-UP was violating California consumer protection laws by adding vitamin E to its product and implying that the product was healthy because it contained antioxidants. The complaint quoted this claim from 7-UP's website: “There’s never […]
That's the topic of this article by law professor Natalie Pedersen. Here's the abstract: In Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court not only reversed the grant of class certification to one of the largest employment discrimination classes ever, but also indelibly altered the substance of employment discrimination law. While many scholars have […]
by Jeff Sovern Another self-serving post: West has just published the 2013 edition of Selected Consumer Statutes, which I edited along with John A. Spanogle, Ralph J. Rohner, Dee Pridgen, and Christopher L. Peterson. The book should be useful not just for consumer law courses, but also for consumer law practitioners who want a portable […]
The New York Times has published what it calls a debate on how the Consumer Financial Protection Bureau should (or should not) exercise its power. It's actually six essays by . . . New York AG Eric Schneiderman [Reforms in mortgage abuse can become regulations. Action on debt and credit can be expanded. Financial literacy can […]
As explained in this National Law Journal article by Zoe Tillman, In the latest constitutional challenge against the Consumer Financial Protection Bureau, the agency was accused today of overstepping its authority by attempting to regulate the practice of law and collect personal financial data. A complaint filed in the U.S. District Court for the District […]
by Brian Wolfman Last week, in Mortensen v. Bresnan Communications, the U.S. Court of Appeals for the Ninth Circuit compelled arbitration in a consumer class action.The consumer's take-it-or-leave-it contract with the defendant Internet service provider contained a requirement to arbitrate disputes. (The clause also banned class arbitration. See footnote 4 of the court's opinion.) The […]
I'm presenting at a few CLE programs over the next few days and I thought readers of the blog might be interested. The first can be accessed via phone; the other two will be at the American Association of Justice's Annual Convention in San Francisco: A one-hour phone briefing on American Express v. Italian Colors: Practical Implications […]
Though the confirmation of CFPB Director Cordray mutes the issue of CFPB accountabilty, it does not moot it. Those who remain interested in the issue may wish to consult Susan Block-Lieb of Fordham's paper, Accountability and the Bureau of Consumer Financial Protection, 7 Brooklyn Journal of Corporate, Financial & Commercial Law (2013). Here's the abstract: […]
Consumer advocates often want government-held information and use the federal Freedom of Information Act (or state open government laws) to get that information. Check out the FOIA machine, a new on-line tool sponsored by the Center for Investigative Reporting. What is it? Here's what the FOIA machine says: What is the FOIA Machine? FOIA Machine […]