Will Technology Make “Do Not Track” Laws Unnnecessary?

Sunday's Times reported that the next version of Microsoft's Internet Explorer will include a "Do Not Track" privacy setting as a default. Consumers installing the browser will be presented with the option of switching from the default to permit tracking.  Excerpts: But the specter of people opting out of tracking en masse presents a serious […]

Justice Scalia on Whether the Supreme Court is Politicized

In this short video (also embedded below), Justice Scalia says that he is "enraged" by claims that the Supreme Court is "politicized." None of his colleagues, he says, decide cases based on who the President is. He then goes on to explain why justices appointed by Democratic Presidents often vote one way (the non-originalist, non-textual […]

Adam Levitin with More on Binding Pre-Dispute Mandatory Consumer Arbitration and the Right to Opt Out

Recently, I posted about eBay's new binding pre-dispute mandatory arbitration clause (which includes a class-action ban). The clause provides a time-limited right to opt out. eBay has designed the opt-out to make it seem like the company is giving consumers a real option to resolve their future disputes with eBay in court, while really trying […]

Martin & Longa Study of Whether Payday and Title Loans Serve the Middle Class

Nathalie Martin and Ernesto A. Longa, both of New Mexico have written High-Interest Loans and Class: Do Payday and Title Loans Really Serve the Middle Class?, 24 Loyola Consumer Law Reporter 524 (2012). Here's the abstract: This symposium article addresses the question of whether payday and title lenders serve primarily the working poor, as some critics […]

No Evidence of Relationship Between Marginal Tax Rates for Rich People and Economic Growth

That's the conclusion of this new Congressional Research Service study: There is not conclusive evidence … to substantiate a clear relationship between the 65-year steady reduction in the top tax rates and economic growth. Analysis of such data suggests the reduction in the top tax rates have had little association with saving, investment, or productivity […]

New E-Bay Aribtration Agreements with Its Customers Include Class-Action Ban (but with an opt out)

We posted recently about Microsoft's new arbitration clause with its subscribers banning class actions a la AT&T v. Concepcion. Now, Ebay has amended its form contract with its users to do the same thing. But the contract has a twist. Users can opt out: Opt-Out Procedure You can choose to reject this Agreement to Arbitrate […]

Times Report: Debt Collectors Harness Prosecutors

by Jeff Sovern Today's Times has a story headlined "In Prosecutors, Debt Collectors Find a Partner."  An excerpt: The letters are sent by the thousands to people across the country who have written bad checks, threatening them with jail if they do not pay. They bear the seal and signature of the local district attorney’s […]

Voluntary Blocking of “Offensive Material” by Facebook and Google

by Paul Alan Levy Two voluntary takedowns of user-generated have been in the news lately, spurring some reflections, on the one hand, about the dangers of becoming overly dependent on certain platforms for free expression, and about how online service providers exercise their discretion under section 230 to remove material even though the providers cannot […]

AP Story: Consumer regulator barks; an industry shudders

Here. An excerpt: For some banks and industrial lenders, the new oversight may be so costly that they stop offering some products, says Bill Himpler, vice president of the American Financial Services Association, a trade group for card companies, mortgage lenders and finance companies. He says the bureau's tactics put companies on the defensive. "It […]