Second Circuit holds NY’s interest-on-escrow law preempted (again)

In an opinion issued yesterday in Cantero v. Bank of America, the Second Circuit held that New York’s law requiring 2% interest payments on mortgage escrow accounts is preempted under the National Bank Act, because it “significantly interferes” with federal law, which allows federally chartered national banks to offer mortgage-escrow accounts without requiring them to […]

Survey finds 48% of Americans would be embarrassed to say they signed a contract without reading it.

The survey was conducted by the Goldberg Law Group. Only 16% of Americans say they read every word of a contract. I very much doubt it’s even that high. Almost certainly some of the people who said they read every word were too embarrassed to say they didn’t.  For example, when I polled consumer financial […]

Divided 11th Circuit Finds Browsewrap Arbitration Agreement Unenforceable

The last few years have had several decisions from state and federal courts of appeals addressing when “clickwrap” or “browsewrap” arbitration agreements are enforceable. “A clickwrap agreement requires a user to check a box or click a button to acknowledge acceptance of the agreement’s terms and conditions,” and “a browsewrap agreement contains hyperlinked terms, and […]

Teaching Consumer Law hotel deadline extended to May 19, plus former FTC commissioner Slaughter to speak

Here’s the latest announcement: The UC Berkeley Center for Consumer Law & Economic Justice and the Alexander Blewett III School of Law at the University of Montana are proud to present the fourteenth biennial international Teaching Consumer Law Conference. We are also excited to announce that this conference will constitute the first-ever North American (and Caribbean/Central American) […]

Federal Roundup judge calls class action settlement filthy and mindboggling

So Amanda Bronstad reports at Law.com in Federal Roundup Judge Refuses to Step Into ‘Mind-Boggling’ $7.25B Class Settlement. Excerpt: [Judge] Chhabria said, “You have a meeting with the judge on the day you filed it, a prearranged meeting with the judge on the day you filed it. You say it was in open court, but it […]

Education Department Finalizes New Student Loan Rules

The “One Big Beautiful Bill Act” rushed through Congress last year included a number of major changes to the federal student loan system. Many of those changes required rulemaking by the Department of Education (via a negotiated rulemaking process), and, today, the Department finalized one set of rules. The rules published today (1) implement OBBBA’s […]

Upcoming conference on the future of consumer protection

On May 14 – 15 at George Mason’s Antonin Scalia Law School’s Institute for Consumer Financial Choice. More information here. Here’s some of what appears there: The Future of Consumer Financial Protection: A Two-Day FTC/ICFC Colloquium on the 5th Anniversary of the Consumer Financial Protection Bureau’s Taskforce on Federal Consumer Financial Law The first afternoon’s registration begins at 11:45 and a […]