The Consumer Financial Protection Bureau has finalized an enforcement action against Bank of America for processing illegal, out-of-state garnishment orders against customers’ bank accounts. The CFPB's press release, with links to relevant documents, is here.
After many months and multiple rounds of supplemental briefing in the wake of the Supreme Court’s decisions in Seila Law v. CFPB (2020) and Collins v. Yellen (2021), the en banc Fifth Circuit in CFPB v. All American Check Cashing finally decided—well, nothing. According to the 3-page, unsigned per curiam opinion issued by the court, […]
by Jeff Sovern Recently the CFPB announced that in conducting supervisory operations, it takes the position that discrimination is unfair and so violates the Consumer Financial Protection Act. You might think this is pretty straightforward: most of us would think odious discrimination is unfair. Discrimination easily qualifies as unfair under the statutory requirements of unfairness, […]
The Department of Education announced it will discharge the loans of tens of thousands of borrowers harmed by pervasive and widespread misconduct at Marinello Schools of Beauty. Borrowers who enrolled in the schools from 2009 through its closure in February 2016 will receive loan discharges totaling approximately $238 million. This group discharge includes former students […]
The Federal Trade Commission is proposing to extending protections against telemarketing tricks and traps to small businesses and strengthening safeguards against other pernicious telemarketing tactics aimed at consumers. That notice seeks comment on whether the FTC should amend the Telemarketing Sales Rule to prohibit misrepresentations in business-to-business calls, and whether the FTC should amend the […]
by Jeff Sovern Remember how Republicans complained how the CFPB was an unaccountable agency because its director could be fired only for cause? And then the Supreme Court ruled in Seila Law that the "for cause" removal limit was unconstitutional so that the president could fire the director without a showing of cause? You might […]
President Biden is reportedly looking at options to forgive most, if not all, federal student loan debt. He shared his plans during a 90-minute White House meeting Monday with members of the Congressional Hispanic Caucus. As CBS News reports, the move could affect more than 43 million borrowers who hold more than $1.6 trillion in […]
“The American retirement system is built for the rich — Lawmakers proclaim they want to help the middle class save. But that’s not who benefits most from IRAs and 401(k) plans.” Read this Washington Post essay on that topic by law prof Daniel Hemel.
A cautionary tale on forced arbitration: Uber’s platform Uber Eats allows customers to order takeout from various restaurants and have it delivered by a driver for a restaurant-specific delivery fee. Customers are required to agree to Uber's Terms of Use, which contains a provision stating that any dispute between the customer and Uber will be […]
Here. The first episode features a conversation with Abbye Atkinson, professor at Berkeley Law, about her article, Borrowing Equality, published in the Columbia Law Review, and the relationship among credit, debt, social relationships, inequality, and what should be done to pave the way for a better world for borrowers. The podcast will broadcast conversations with […]