Gutierrez v. Wells Fargo Bank Reversed in Part

On Wednesday the Ninth Circuit gave Wells Fargo a belated Christmas present in Gutierrez v. Wells Fargo Bank, — F.3d —-, 2012 WL 6684748 (9th Cir. 2012), vacating the injunctive and restitution relief ordered by the lower court. The district court decision had held Wells Fargo's procedures for ordering debit card withdrawals unfair and fraudulent […]

Airline Fees Make It Very Difficult to Comparison Shop Based on Price

by Brian Wolfman We explained recently that airlines may be misleading consumers into paying add-on fees for seats by tricking consumers in thinking that most of the good seats are sold out when they really aren't. And we've covered the issue of airline fees and prices generally many times (go, for instance, here and here). […]

Privacy Invasions That Also Discriminate

by Jeff Sovern Regular readers of this blog will know that businesses use cookies, etc. to track consumer online behavior for marketing purposes. But what may be less well known is that businesses use the information they glean online to offer different consumers different prices.  A recent paper makes the point. See Jakub Mikians, László […]

The Boca Raton Scam on Non-Profits Pops Up Again (Yet Another Name)

by Paul Alan Levy This morning's Washington Post carries a report on a scam operation preying on non-profits, based in Boca Raton — the scammers lure the credulous by using the name of a famous news personality, promising priceless exposure on PBS, then charge $23,400 for the privilege of having a short film created for […]

Prior Restraint Doctrine Protects Negative Yelp Review Against Preliminary Injunction

by Paul Alan Levy Today we have joined forces with the American Civil Liberties Union of Virginia to seek appellate review of the preliminary injunction recently entered by a trial judge in Fairfax County, Virginia, requiring Jane Perez to make two changes in reviews of a Washington D.C. contractor named Christopher Dietz that she had […]

Should Non-Profit Groups That Engage in Electioneering Have to Fully Disclose Their Budgets and Their Donors?

The Supreme Court has in recent years famously struck down laws that barred corporate electioneering  on First Amendment grounds. But the Court has had little problem with laws that demand disclosure about who is contributing to elections and how much (though the Court protects anonymous speech in other contexts). With that in mind, read this L.A. […]

Instagram’s Binding Arbitration Clause Could Be the Worst Ever: It Seeks to Kill Off All Representative Actions

by Brian Wolfman Earlier this year, we told you (here, here, and here) about eBay's terrible new arbitration clause that bars its customers, both sellers and buyers, from participating in class actions against the company. The new clause came with a cynical twist: eBay allowed its customers to opt out of the clause within a […]

The Obama Judiciary

Consumer advocates generally believe that federal judges nominated by President Obama are more likely to decide cases favorably to consumers than are judges nominated by the President's recent Republican predecessors. So, how has the President fared with his nominations? Bob Barnes of the Washington Post has penned this article that discusses the President's judicial nominations. […]