by Deepak Gupta I thought readers might be interested in a new appeal that my firm is handling in the Ninth Circuit, Moran v. The Screening Pros, concerning the state and federal regulation of background-check companies. You can read our opening brief here. The Consumer Financial Protection Bureau and the Federal Trade Commission have weighed in with an amicus […]
That's the name of this article by Xiaoling Ang of the Consumer Financial Protection Bureau and law professor Dalie Jimenez. For many years, federally guaranteed student loans have been non-dischargeable in bankruptcy, unless the debtor can show "undue hardship" (which the courts have interpreted very narrowly). Congress later extended that non-dischargeability policy even to entirely […]
Although Facebook has been sued for the practice (the case is now headed to the Ninth Circuit on our appeal from settlement approval), Google announced late last week that it would soon begin using user images in advertisements. One silver lining: Google, unlike Facebook, will exempt users under 18, the New York Times reports. Facebook's […]
by Brian Wolfman Well at least the debt-collection lawyers don't, as explained in this article by Jenna Greene. According to the incoming head of the debt-collection lawyers' trade group, the CFPB is "the bane of our existence." Here is an except from Greene's article: When scores of debt-collection lawyers descend on Washington this week for […]
Catherine M. Sharkey of NYU has written The Future of Classwide Punitive Damages, 46 University of Michigan Journal of Law Reform (2013). Here is the abstract: Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed […]
Following up on news of the troubled D.C. tax-lien system, and movement toward reform, there's a report in the Post today whose title aptly sums up the contents: Left in the dark: Despite warnings, D.C. tax office’s address records found rife with errors, preventing bills and critical notices from reaching homeowners. Worth a read.
Sumit Agarwal of the National University of Singapore, Souphala Chomsisengphet of the Office of the Comptroller of the Currency, Neale Mahoney of Chicago's Booth School of Business and the National Bureau of Economic Research and Johannes Stroebel, an NYU finance professor have written Regulating Consumer Financial Products: Evidence from Credit Cards. Here is the abstract: […]
New NCLC survey finds that none of the U.S. state’s property exemption laws meet basic standards so that debtors can continue to work productively to support themselves and their families. States’ archaic exemption laws fuel the fast-growing debt buyer industry which churns out old and often poorly documented judgments that abuses the court system. Recommendations for reform are included.
Vaccinations generally benefit society. If kids are not vaccinated because their parents won't allow it, the kids may become ill as a result (of course), and the kids may also infect other people. Should parents be held liable for injuries to others caused by exposure to their unvaccinated kids? Liability would not only compensate the […]
Jennifer S. Martin of St. Thomas has written The Repo Man Did What? A Secured Creditor's Article 9 Right to Repossess Collateral and When Lenders Have Liability for Repossessions Gone Awry, 28-5 Commercial Damages Reporter 1 (2013). Here's the abstract: This Article observes that there is not a clear consensus among courts in how […]