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. […]

Freer on Recent (and Future?) Supreme Court Class Action Cases

Richard D. Freer of Emory has written The Supreme Court and the Class Action: Where We Are and Where We Might Be Going.  Here's the abstract: In 2010 and 2011, the Supreme Court decided five class action cases. In 2012, it has agreed to hear four more. This piece summarizes what the Court has done […]