Consumer Law Events, Including Consumer Financial Services Institute Next Week and Panel on Fair Lending Tomorrow

There are some consumer-law events coming up that readers may find interesting: ABA Fair Lending Panel Tomorrow (April 5):  The recent exchange between Jeff Sovern and Chris Willis on disparate impact and fair lending (at this blog and the CFPB Monitor blog) reminds me to mention a panel on the same subject tomorrow at the spring meeting of […]

Another Reply to Chris Willis: This Time on Disparate Impact

by Jeff Sovern Chris Willis of Ballard Spahr's CFPB Monitor recently blogged about whether disparate impact can properly be termed discrimination and therefore prohibited by ECOA.  For those who don't know, courts generally recognize three ways to prove discrimination in violation of ECOA: direct evidence, disparate treatment (except in the Seventh Circuit) and disparate impact, or as […]

Online data brokers may be subject to the Federal Credit Reporting Act

The Federal Trade Commission has warned operators of six websites that share information about consumers’ rental histories with landlords that they may be subject to the requirements of the Fair Credit Reporting Act (FCRA). The letters inform the six operators that, if they collect information on tenants and their rental history and provide that information […]

FTC announces winners of robocall challenge

The Federal Trade Commission (FTC) yesterday announced two winners of its contest seeking ideas to block illegal robocalls. The two winners will receive $25,000 each. Both of their solutions "focus on intercepting and filtering out illegal prerecorded calls using technology to 'blacklist' robocaller phone numbers and 'whitelist" numbers associated with acceptable incoming calls. Both proposals […]

Obama Administration wants to loosen home loan availability for people with weak credit

It is widely believed that a major cause of the financial crisis and economic collapse that began in 2008 was the extension of home loans to people who could not afford them. The Clinton and Bush Administrations have been criticized for promoting policies of loose home lending backed by federal guarantees. Today, it's harder for […]

Smoking bans and housing

Following up on Brian's post yesterday about employment discimination against smokers, consider California's proposed ban on smoking in apartment buildings and other attached dwellings, discussed here by the Huffington Post (with a headline framing the ban critically) and here by the San Francisco Chronicle (with a more positive take). Public health measure? Unfair punishment for […]

Fourth Edition of Our Casebook To Be Released In July

by Jeff Sovern This is completely self-serving, but law professor readers of this blog may be interested to learn that the fourth edition of our casebook, Consumer Law, Cases and Materials, Fourth Edition is expected to be released in July, in time for fall classes.  Our goal was to continue comprehensive coverage of core consumer law subjects (like deceptive […]

Is employment discrimination against smokers ethical (and should it be legal)?

by Brian Wolfman At this blog, we have covered issues of employment discrimination. Our posts have mainly concerned employment discrimination on the basis of someone's characteristic or status. But employers sometimes discriminate against prospective or current employees based on behavior, such as whether the prospective or current employee is a tobacco user. Apparently, an increasing […]

Interest rates for new student loans to double if Congress doesn’t act

It's not Groundhog Day, but, yes, you've heard this story before. During the presidential election campaign, student loan interest rates were going to double unless Congress acted to keep them low (3.4%), and Congress acted. And, now if Congress doesn't act by July 1, rates will double. Read about it here, or check out this […]

Supreme Court sends Whirlpool class action back to the 6th Circuit for reconsideration in light of Comcast ruling

A few days ago, we posted about the cert petition pending in the Supreme Court in Whirlpool Corp. v. Glazer. In that case, the plaintiffs allege that their Whirlpool washing machines have a design defect that makes them prone to mold and noxious odors. The Sixth Circuit decision had affirmed class certification. Whirlpool's cert petition […]