Second Circuit rejects latest Takings Clause challenge to rent stabilization

As noted in today’s Second Circuit opinion, there have been nearly a dozen constitutional challenges to New York’s rent regulation regime over the years. The court of appeals rejected the latest challenge, brought by Mayer Brown on behalf of landlords, arguing that the rent-stabilization laws were facially unconstitutional as physical takings and irrational in violation […]

Are banks right that if banks charge less for late fees, consumers will pay more overall?

As Richard and Allison posted, the CFPB has proposed a new rule limiting the credit card late fee safe harbor to $8. And as is perfectly predictable, banks are angry about facing a restriction on late fee revenue. I want to comment on their arguments against the proposed rule. First some background: the Credit CARD […]

Tax filing companies’ use of customers’ data under scrutiny

What are online tax preparation companies doing with customers’ data? Members of Congress sent a letter this week urging the IRS to investigate. A report published last fall in the publication, The Markup, disclosed that online tax filing services were sending taxpayers’ identities and financial information to Facebook through code called Pixel. Specifically, it found […]

DC Circuit finds CFPB Prepaid Rule did not violate ban on model clauses

In 2016, the CFPB issued a rule requiring certain disclosures for digital wallets and other prepaid accounts. Paypal challenged the rule as contrary to statute, unconstitutional, and arbitrary and capricious. The district court agreed with Paypal that the disclosure rules violated the EFTA ban on mandatory model clauses, and thus did not reach the other […]

American Banker reports CFPB will cut credit card late fees to $8

The Consumer Financial Protection Bureau plans to cut credit card late fees to $8, wiping out up to $9 billion a year in fees that have become highly profitable for banks and credit card companies. CFPB Director Rohit Chopra plans to propose a rule on Wednesday that would slash late fees from the current $30 […]

CFPB proposes to rein in credit card late fees

The Consumer Financial Protection Bureau proposed today “a rule to curb excessive credit card late fees that cost American families about $12 billion each year. Major credit card issuers continue to profit off late fees that are protected by an expansive immunity provision. Credit card companies have also relied on this provision to hike fees […]

Nursing home COVID claims to proceed to trial

Nursing homes across the country were a major center of COVID-19 outbreaks throughout 2020, and hundreds of lawsuits have been filed based on alleged inadequate infection control measures, brought by families of nursing home residents under tort law and state consumer protection statutes. So far, much of the litigation has focused on jurisdictional questions. Five […]

Report on Biden’s Record on Judicial Nominations

The People’s Parity Project released a report, which reviews and assesses President Biden’s progress so far with judicial nominations. The organization, which describes itself as a “network of law students and new attorneys organizing to unrig the legal system and build a justice system that values people over profits,” emphasized the need for more professionally […]

White House’s Recent Announcements on Renters’ Rights

Following a year of dramatic rent increases, growing scrutiny of tenant screening practices, and a general rise in housing insecurity, the White House recently issued a new Blueprint for a Renters Bill of Rights and announced new actions to bring more fairness to the rental housing market. In its declaration to promote tenants’ rights, the […]