Can Frederic Eshelman Avoid the First Amendment by Claiming That He Plans to Sue a US Critic Abroad?

Frederic Eshelman, a pharmaceutical magnate, resents being criticized by an anonymous gmail user who called him a “piece of shit” and urged companies to stop collaborating with Eshelman for, among other things, “abusing police resources” when he used his political influence to secure the arrest and prosecution of hunters who “corner-crossed” his hunting reserve to […]

FTC sues Amazon over Prime enrollment and cancellation practices

The Federal Trade Commission sued Amazon.com today for allegedly enrolling consumers in Amazon Prime without their consent and knowingly making it difficult for consumers to cancel their Prime subscriptions. The complaint charges that Amazon used manipulative, coercive, or deceptive user-interface designs known as “dark patterns” to trick consumers into enrolling in automatically-renewing Prime subscriptions. The […]

Study finds consumers are less likely to bring arbitration claims than sue in court

Farshad Ghodoosi of California State, Northridge, David Nazarian College of Business & Economics, Department of Business Law and Monica M. Sharif of California State, Los Angeles have written Arbitration Effect, 60 Am. Bus. L.J. 235 (2023) (behind paywall but also available on Westlaw). Here’s the abstract: Arbitration is changing the United States justice system. Critics argue […]

Group tackles state of student loans for incarcerated borrowers

The Student Borrower Protection Center (SBPC) today sued the federal government and issued a report on the student loan experience for incarcerated borrowers. In its first lawsuit against the U.S. Department of Education, SBPC is seeking to compel the production of documents under the Freedom of Information Act (FOIA). The request concerns the federal government […]

Split Ninth Circuit Rejects Challenge to Nevada Medical Debt Law

In June 2021, Nevada enacted a law that requires debt collectors to provide written notification to debtors 60 days before taking any action to collect a medical debt.  Debt collectors sought a preliminary injunction against the law, claiming it violated the First Amendment, was unconstitutionally vague, and was preempted by the FCRA and the FDCPA.  […]

GOP House Financial Services Committee members accuse CFPB Director Chopra of McCarthyism and extortion

Yesterday CFPB Director, Rohit Chopra, appeared before the House Financial Services Committee to answer questions from committee members, as he does at least twice a year. I haven’t watched the recording yet but according to reports in Law360 and the American Banker, some Republican committee members accused Chopra or the CFPB of being an appendage […]

Do lower fees mean consumers pay more?

That’s essentially what Brad Karp is arguing in a June 1 essay in the American Banker, The CFPB’s late-fee proposal would harm the consumers it seeks to help (behind paywall but available on Lexis). Karp claims costs would go up for “the large majority of credit card customers” because delinquencies would meaningfully rise. As the […]

“Greenwashing” is “concerning,” but not deceptive, holds Ninth Circuit

A customer brought a consumer class action against Procter & Gamble over its use of the phrase “Nature Fusion,” along with a picture of an avocado, on certain products’ bottles, claiming it was an unfair and deceptive business practice and false advertising under California law, misleading consumers into thinking the product was natural. A Ninth […]

DC Court Rejects Constitutional Challenges to FINRA by Broker-Dealer that Charged Unlawful Fees

In March 2022, a FINRA panel found that Alpine, a securities broker-dealer, “converted and misused customer funds and securities, engaged in unauthorized trading, charged and paid  customers unfair prices in securities transactions, charged customers unreasonable and discriminatory fees, and made an unauthorized capital withdrawal.” FINRA then found that Alpine violated its cease-and-desist order 35,000 times, […]