Should Businesses Continue to Comply With CFPB Regulations?

Legal reporter Jenna Greene says here that "[t]The Consumer Financial Protection Bureau was dealt a devastating—if indirect—blow last week, when the U.S. Court of Appeals for the D.C. Circuit ruled that three recess appointments to the National Labor Relations Board were invalid." That remains to be seen, as the D.C. Circuit likely won't have the […]

Bottomside Briefs in American Express Arbitration Case, Including Briefs of the U.S. Solicitor General and 22 States

by Deepak Gupta Since at least 2009, this blog has covered (e.g. here and here) the long-running saga of American Express v. Italian Colors, an antitrust dispute that raises fundamental questions about the limits of federal arbitration jurisprudence. The case, now before the Supreme Court, presents the question whether an arbitration clause should be enforced […]

Will Doctors Refuse to Take on New Patients Who Obtain Coverage Under the Affordable Care Act?

Some opponents of the Affordable Care Act claimed that the Act could self-destruct because providers would refuse to take on newly covered (supposedly, non-lucrative) patients, particularly those covered under the Act's massive Medicaid expansion. Not so, at least according to a new study in Michigan conducted by the Ann Arbor-based Center for Healthcare Research & […]

States as enforcers of federal consumer financial protection law

Michigan State University College of Law Professor Mark Totten has written Credit Reform and the States: The Vital Role of Attorneys General after Dodd-Frank. Here is the abstract: Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design […]

How Can Consumers Reduce The Prices They Pay on the Internet?

Consumers shop on the Internet for low prices and convenience. But both low prices and convenience are at risk because prices for consumer goods and services on the Internet change frequently, making it hard to get the best (or even a good) price without a lot of search and monitoring time. This article by Stephanie […]

Interesting new FDCPA class action decision

by Brian Wolfman Last Thursday, Judge Arthur Spatt, a federal district judge in Brooklyn, postponed a decision on final approval of a settlement in a Fair Debt Collection Practices Act (FDCPA) class action on the ground of inadequate notice. See Corpac v. Rubin & Rothman, 2013 WL 265318 (E.D.N.Y. Jan. 24, 2012). The plaintiff alleged […]

FTC Opposes Proposed Tennessee Lawyer Advertising Rules

Yesterday, Scott Michelman posted on Public Citizen's opposition to proposed Tennessee lawyer advertising rules that would undermine consumer choice and competition in the legal services market. Citing similar concerns, the FTC has also opposed the proposed rules, as explained here. UPDATE: Read the FTC's press release and comments on the proposed rules.

The CFPB and the Recess Appointment: De Facto Officer Doctrine to the Rescue?

by Deepak Gupta There are some important counterpoints to the wild predictions I'm already hearing from industry lawyers about the effect of today's D.C. Circuit's decision invalidating the NLRB recess appointments. First, because the decision openly creates a circuit split with an Eleventh Circuit decision upholding George W. Bush's recess appointment of Judge Pryor and […]

D.C. Circuit strikes down last year’s recess appointments; serious implications for CFPB

This post picks up from Allison's earlier post to add more details. As Allison noted, the U.S. Court of Appeals for the D.C. Circuit, ruling today in Noel Canning v. NLRB, held that President Obama's recess appointments of three NLRB commissioners in January 2012 were invalid because the Senate was not in a constitutionally-required "Recess." […]