FTC claims process for consumers who purchased DreamCloud mattresses

The Federal Trade Commission has announced a claims process by which consumers who purchased a DreamCloud mattress and were influenced by the company’s claims that the product was made with U.S. materials can apply for a refund. Details are here.

Important Roseanna Sommers study finds consumers don’t understand arbitration clauses

Roseanna Sommers of Michigan has written an important new paper, What do consumers understand about predispute arbitration agreements? An empirical investigation. Here’s the abstract: The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast […]

Here comes FedNow, the Fed’s instant payment mechanism for banks, credit unions

The Federal Reserve today launched FedNow, a new payment system that participating banks and credit unions can use to facilitate faster payments for their customers. So far, according to the Fed, 35 “early-adopting” financial institutions can receive payments instantly through FedNow. Does this new system, which facilitates sending and receiving payments at any day and […]

CFPB reports on risks to workers from employer-driven debt

The Consumer Financial Protection Bureau published today “a report highlighting the risks employer-driven debt poses to workers. After a review of responses to the CFPB’s public inquiry, the analysis describes the growing prevalence of employer-driven debt and challenges workers and consumers face when they become indebted to an employer or an employer’s affiliate as a […]

Study finds CFPB complaint database affects mortgage approval rates–of rival banks

Yiwei Dou of NYU’s Department of Accounting, Mingyi Hung of the Hong Kong University of Science & Technology, Guoman She, and Lynn Linghuan Wang, both of the University of Hong Kong – Faculty of Business and Economics, have written Learning from Peers: Evidence from Disclosure of Consumer Complaints, 77 Journal of Accounting & Economics (Forthcoming […]

Diversion of Resources Enough for UCL Standing, Holds California Supreme Court

In 2004, California amended its unfair competition law to eliminate associational standing–that is, membership organizations could no longer bring claims based on injuries to their members. Only claims based on injuries to the organizations themselves could serve as a basis for suit. Yesterday, in California Medical Association v. Aetna Health of California, the California Supreme […]

FTC, partners attack the root of robocall schemes

“You don’t need much agricultural expertise to know that every weed is supported by an extensive underground root structure.” What an A+ quote from the Federal Trade Commission’s business blog (Lesley Fair), which gives a visual description of the government’s latest effort to combat pervasive robocalls, this time tackling robocalls’ root structure: third-party lead generators. […]

Second Circuit Rejects “Legal” v. “Fact” Standard for FCRA Inaccuracies

Section 1681e(b) of the Fair Credit Reporting Act (FCRA) requires credit reporting agencies to “follow reasonable procedures to assure maximum possible accuracy of the information” reported. In 2021, a district court held that a plaintiff cannot bring a claim for violating that provision when “the accuracy at issue requires a legal determination as to the […]