Suddenly, there's a lot going on the in the world of debt collection regulation. On the heels of yesterday's announcement by the FTC of a huge debt-collection settlement (discussed in the post below), the CFPB is announcing today that it will use its UDAAP authority to regulate the collection practices of banks. “It doesn’t matter […]
The FTC announced yesterday that the "world’s largest debt collection operation, Expert Global Solutions and its subsidiaries, has agreed to stop harassing consumers with allegedly illegal debt collection calls and to pay a $3.2 million civil penalty – the largest ever obtained by the Federal Trade Commission against a third-party debt collector." The FTC's press […]
That's the topic of a Times article, Democrats Plan Challenge to G.O.P.’s Filibuster Use. The plan seems to be to leave unchanged the filibuster rules for legislation and confirmation of judges, but limit use of the filibuster for votes on confirmation of agency appointees. Such a change would make it easier to vote on confirmation […]
Law profs Sam Issacharoff and D. Theodore Rave "The BP Oil Spill Settlement and the Paradox of Public Litigation." Here is the abstract: The streamlined administrative program that BP set up to pay claims arising out of the Deepwater Horizon Oil spill — the Gulf Coast Claims Facility (GCCF) — promised a significant transaction-cost savings […]
That's the topic of this article by Alana Semuels of the LA Times.
David Ray Papke of Marquette has written Perpetuating Poverty: Exploitative Businesses, the Urban Poor, and the Failure of Liberal Reform. Here's the abstract: This article scrutinizes the rent-to-own, payday lending, and title pawn businesses – all of which target and exploit the urban poor. Each type of business has developed a sophisticated business model that […]
The plaintiffs make what sound like serious and detailed allegations involving price fixing against Travelocity (agreement not to resell hotel rooms below fixed price, most favored nation restrictions, etc.). But wait, you can guess what happens. Because, of course, Travelocity has a forced arbitration clause. The district court (N.D. Texas) decision finds that the arbitration […]
Law professor Keith Hylton has written "The Economics of Class Actions and Class Action Waivers." Here is the abstract: Class action litigation has generated a series of recent Supreme Court decisions imposing greater federal court supervision over the prosecution of collective injury claims. This group of cases raises the question whether class action waivers should […]
by Paul Bland Here is a terrific amicus brief written by Professor Walker of Drake University and his co-counsel. As some of you may know, in 2003, the U.S. Supreme Court held in EEOC v. Waffle House that even if employees of a company had signed an arbitration clause, that the federal agency could still pursue […]
Bradley T. Borden and David J. Reiss, both of the Brooklyn faculty, and William KeAupuni Akina, a student at the school, have written Show Me the Note!, Westlaw Journal Bank & Lender Liability (June 3, 2013). Here's the abstract: News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as […]