A suggestion to the CFPB for a new arbitration rule

by Jeff Sovern I have a suggestion for the CFPB relating to arbitration. Many readers will know this background, but for those who don't: in 2010, Congress enacted the Dodd-Frank Act, which in section 1028 directed the Consumer Financial Protection Bureau to study arbitration. The statute also authorized the Bureau to regulate consumer financial arbitration […]

Complex litigation and best practices for managing it

Many of our readers are consumer lawyers. Many of them handle complex, aggregated litigation, so they may be interested in Collected Wisdom on Selecting Leaders and Managing MDLs by law professor Elizabeth Burch and U.S. district judge Stephen Bough. Here is the abstract: Today, nearly one out of every two new suits filed in federal […]

Former CFPB staffer Eric Blankenstein, who left under a cloud, calls CFPB “criminal syndicate”

by Jeff Sovern Blankenstein's essay appears in the National Review. Bureau-watchers may recall that Blankenstein served as an associate director at the Bureau during the Trump administration but left after a rebellion over blog posts he had written a decade earlier questioning whether use of the n-word is racist, among other things. Here's the opening […]

“Biden, unlike Trump, thinks businesses shouldn’t be free to abuse consumers”

That's the title of this article by LA Times consumer reporter David Lazarus, who explains that "Rohit Chopra is expected to receive the U.S. Senate’s blessing any day now to become the new head of the Consumer Financial Protection Bureau. His job will be to restore credibility to a watchdog agency that was largely sidelined during […]

Landlord Sues Activists for Emotional Distress Damages For Telling Tenants about Eviction Moratoria

by Paul Alan Levy When Keep Pushing, a St. Louis community organization devoted to protecting the unhoused, went door-to-door to speak to tenants facing eviction orders and hand out a flyer about their rights under the CDC eviction moratorium, one of the landlords whose tenants were visited, Norwood 2020, was desperate to suppress this potential threat […]

Dep’t of Education continues defense of Trump-era student-loan rules

The Washington Post reports: The Biden administration continues to defend lawsuits against the Education Department over Trump-era policies on student loans and career training regulation. Biden’s Education Secretary Miguel Cardona has begun dismantling his predecessor’s policies. The department this week lifted a ban on colleges providing emergency grants to undocumented and international students. It has […]

Gilden article on postmorten endorsements

Andrew Gilden of Willamette has written Endorsing After Death, 63 William & Mary Law Review (2022).Here's the abstract: An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become […]