Cordray Clears Fillibuster

It's actually happened. Via Bloomberg: The U.S. Senate advanced Richard Cordray's nomination to lead the Consumer Financial Protection Bureau under a compromise announced by Majority Leader Harry Reid, who said officials were working on final details. U.S. Senate Majority Leader Harry Reid, a Democrat from Nevada, said he thinks "everyone will be happy" with the […]

Terry Gross is shocked by contracts of adhesion

Check out this Fresh Air interview with NYT Supreme Court correspondent Adam Liptak. Starting at 14:40, it gives more air time and more detail about economic justice issues and corporate power than most coverage of the Court. Liptak mentions Italian Colors by name, explains why class actions are important, and describes contracts of adhesion. As […]

Pay-for-delay patent settlements: FTC v. Actavis and its implications

We've covered pay-for-delay patent settlements extensively (go here, here, here, and here) and reported on the Supreme Court's June 17, 2013 decision in FTC v. Actavis. In a pay-for-delay settlement, a brand-name drug company pays a generic company that has challenged the brand-name company's patent to stay out of the market. Some early antitrust challenges to […]

Progress in the effort to curb childhood obesity?

History shows that public education and other efforts to combat entrenched but potentially deadly behavior harmful to health — such as tobacco use — must be sustained, well-funded, and flexible. Efforts to deal with childhood obesity begun in just the past decade may be beginning to pay dividends, as explained in this article by Lydia […]

A Comment on the CFPB’s Debt Collection Bulletin

by Jeff Sovern As Deepak pointed out last week, a lot has been going on in debt collection, and one item is that the CFPB has issued a bulletin stating that people subject to its jurisdiction may not commit unfair, deceptive, or abusive practices in collecting debts.  The Fair Debt Collection Practices Act generally does […]

Ed Mierzwinski: Banks, Not CFPB, Spy on Consumers

Ed's excellent post is here.  Those who purport to be so concerned about the privacy of bank customers should seek to amend the Gramm-Leach-Bliley privacy provisions to bar banks from selling consumer information unless their customers affirmatively opt-in to the sale of that information. But that would mean supporting consumer protection, precisely what the CFPB […]

Private racketeering class action alleges that Bank of America deliberately denied HAMP mortgage modifications

Read this Charlotte observer story on the suit. Here's an excerpt: A lawsuit in federal court in Colorado accuses Charlotte-based Bank of America of racketeering, in what amounts to more fallout for the bank stemming from a federal mortgage-modification program. The suit, filed Wednesday, claims violations of the federal Racketeer Influenced and Corrupt Organizations Act, […]

Times Report: Novel-Length Contracts Online and What They Say

Here.  The article is about the problem of boilerplate more generally than the headline suggests and is definitely worth a read.  Here's my favorite quote: “I’m not someone who wags his finger and says you should read [online contracts],” said Douglas G. Baird, a professor of law at the University of Chicago. “If you read […]