Since 1994, the Department of Education has had a process for discharging federal student loan debt where students show they were defrauded or misled by the schools they attended- referred to as the “borrower defense” process. The Biden Administration’s borrower defense rule is currently on hold as a result of a Fifth Circuit opinion. But even […]
Zelle scams have been drawing a lot of attention lately. For example, Penny Crosman has an article in the American Banker, Inside a Zelle fraud that almost lost a Florida consumer $3,500 (behind paywall but available on Lexis); she also discusses it on the Banking with Interest podcast. The Electronic Fund Transfers Act enables consumers […]
The CFPB today announced a final rule that will require nonbank financial companies subject to Dodd-Frank to register and report if they have been subject to certain final orders from agencies or courts based on violations of certain consumer laws, and imposing injunctive or remedial relief. In the agency’s press release, it indicated it will […]
The Heritage Foundation has created what it describes as “the conservative movement’s unified effort to be ready for the next conservative Administration to govern” in a document titled Mandate for Leadership: The Conservative Promise, with a subheading of Project 2025; Presidential Transition Project. As far as I know, no presidential candidate has adopted it. It […]
Given the pervasiveness of subscription contracts, regulation of such contracts has become a much more important consumer protection topic. And here is an article that tells us how to do that: Kaitlin Ainsworth Caruso of Maine and Prentiss Cox of Minnesota’s Silence as Consumer Consent: Global Regulation of Negative Option Contracts, American University Law Review, […]
In a decision issued today, New York’s Appellate Division for the First Department reversed a decision of the state supreme court that had ordered Google and GoDaddy to identify BehindMLM, the author of a blog about multilevel marketing schemes, and quashed subpoenas to Google (the host of the blog) and GoDaddy (the registrar of the […]
The Supreme Court today issued a unanimous decision on an issue concerning the scope of preemption under the National Bank Act. In this case, a borrower sued Bank of America for failing to pay interest on his mortgage escrow account, as required by New York law. The bank argued that the National Bank Act preempts […]
Washington, D.C. or Texas. Which jurisdiction will ultimately hear the merits of an industry lawsuit challenging the Consumer Financial Protection Bureau’s rule to limit credit card late fees? For the second time since the industry lawsuit against the CFPB was filed in March, the Fifth Circuit Court of Appeals paused a U.S. District Court for […]
The Federal Trade Commission sent its annual report to the Consumer Financial Protection Bureau on the FTC’s 2023 enforcement and related activities on the Truth in Lending Act, Consumer Leasing Act, and Electronic Fund Transfer Act. The report highlights the FTC’s enforcement actions and initiatives under these laws and their implementing regulations, including in the […]
Piotr Tereszkiewicz of the Jagiellonian University in Krakow – Faculty of Law and Administration and KU Leuven – Faculty of Law has written Cruising Beyond Car Dealer Dominance, University of Michigan Journal of Law Reform, Forthcoming. Here’s the abstract: The automotive industry plays a pivotal role in both the American economy and daily life. This Article contends […]