That's the name of a new piece by University of Texas law prof Linda Mullenix. Here's the abstract, with emphasis added to the last paragraph: In the past few years, the term “quasi-class action” has been appearing with increasing, uncritical frequency in a spate of federal court decisions. While it may be premature to characterize […]
This NPR story this morning takes a look at Florida's judicial foreclosure process, comparing it unfavorably with other states where foreclosures move faster. A banker blames the courts and defense attorneys; a judge blames the banks sloppy paperwork; a defense attorney chimes in for consumer protection. Worth a listen (or read), though the thrust of […]
by Brian Wolfman We have covered the D.C. Circuit's recent ruling striking down President Obama's "recess" appointments to the NLRB here, here, here, and here. In defending the case, government lawyers did not argue that the case was not justiciable under the political question doctrine, and the D.C. Circuit did not raise and decide the […]
by Brian Wolfman Typically, consumers buy or lease new (and used) cars from car dealers, not car makers. When Toyota owners sued Toyota over faulty anti-lock brakes recently, Toyota sought to compel arbitration, invoking the arbitration clauses in purchase contracts that the individuals plaintiffs had with various Toyota dealers. Believe it or not, that gambit […]
That's what the Federal Communications Commission would like to see, as explained in this front-page Washington Post article by Cecilia Kang. As you might imagine, some industries like this idea a tad better than others. Here's a short excerpt: The federal government wants to create super WiFi networks across the nation, so powerful and broad […]
by Brian Wolfman The federal Centers for Medicare and Medicaid Services (CMS) has issued this final rule that will require manufacturers of drugs, biologics, medical devices, and certain other medical products to report annually to the Secretary of HHS about the payments the manufacturers make to doctors and hospitals. The Secretary is then required to […]
Journalist and consumer advocate Christopher Elliott has this article in Sunday's Washington Post about the high cost of using a credit card to charge a call on a public pay phone. According to the article, the posted rate applies only to coin payment, and the rate for credit card calls is typically not posted at […]
Jon Leibowitz announced his departure from the FTC today, the Blog of the Legal Times reports: After a four-year tenure marked by an increased focus on privacy and aggressive consumer protection, Federal Trade Commission Chairman Jon Leibowitz announced today that he is stepping down on February 15. "I don't have any regrets," Leibowitz said in […]
by Brian Wolfman Back in October, the Federal Trade Commission challenged the public to create an innovative solution that will block illegal commercial robocalls on landlines and mobile phones. As part of its ongoing campaign against these illegal, prerecorded telemarketing calls, the agency … launch[ed] the FTC Robocall Challenge, and offer[ed] a $50,000 cash prize […]
We've already blogged twice on this subject today (here and here). But there's something else you may want to check out. Jen Lavellee, a senior lawyer at the D.C. Legal Aid Society, posted this piece on a client who experienced some of the serious problems discussed in the FTC Report on the debt buying industry […]