American Banker: Car Dealers Fight Back Against CFPB Auto Financing Rule

by Jeff Sovern Here. The piece begins:  Auto dealership advocates are warning that costs will rise for borrowers if the Consumer Financial Protection Bureau presses banks to curtail auto loan markups determined by dealers. The warning followed the CFPB's bulletin this week that said banks are responsible for discrimination if their partner dealers mark up […]

A Disability-Rights Critique of the Digital Millenium Copyright Act

Over at Slate, Blake Reid has written "The Digital Millenium Copyright Act Is Even Worse Than You Think," which argues that the DMCA keeps e-books, online video, and other material inaccessible to people with disabilities. Here are some excerpts: The [cell-phone] unlocking furor is just the latest example of popular opposition to the DMCA’s dreaded […]

Justices Search for Limits on Preemption of Consumer Claims Based on Federal Transportation Deregulation Laws

Over at SCOTUSblog, I've got two posts up about Dan's City Used Cars v. Pelkey, an interesting preemption case that was argued before the U.S. Supreme Court this week. The case concerns whether transportation deregulation law preempts a suit under state consumer-protection law brought by a man whose car was towed away from his home […]

Yet another loss for access to the courts and for class actions under the Federal Arbitration Act

by Brian Wolfman The Second Circuit issued a decision yesterday enforcing arbitration in a Title VII employment discrimination case. It rejected an argument that requiring arbitration would undermine effective vindication of federal statutory rights.The decision is Parisi v. Goldman Sachs. To simplify a bit, here's what happened: Three plaintiffs brought a putative employment discrimination class […]

Will the CFPB Hold Banks Responsible for Their Contracting Parties?

by Jeff Sovern The American Banker has an interesting article titled CFPB Focuses on Consumer Choice – or Lack Thereof which discusses the speech Director Cordray gave to the Consumer Advisory Board last month (Allison blogged about it here). Excerpt from the article follow: [Cordray said] added, "When people cannot vote with their feet, their […]

“Snake Oil Salesmen or Purveyors of Knowledge: Off-Label Promotions and the Commercial Speech Doctrine”

That's the title of this article by Constance Bagley, Joshua Mitts, and Richard Tinsley. The article deals with concerns about last year's Caronia decision, where the Second Circuit ditched the misdemeanor conviction of a drug company prescription drug representative, saying that his promotion of one of the company's products was protected by the First Amendment. […]

Using the corporate fine print of debit card contracts to zing public-transit riders (and, in turn, to generate non-fare revenue fees for cash-strapped government agencies)

by Theresa Amato (guest post) Reporter Jon Hilkevitch’s March 20 front-page Chicago Tribune story (“CTA’s Ventra debit option rife with fees, Contract’s fine print shows good deal for agency, not users”) describes the multiple unexpected charges awaiting customers in the fine print should they sign up for a prepaid debit card account along with their […]