Mark E. Budnitz of Georgia State has written New Developments in Payment Systems and Services Affecting Low-Income Consumers: Challenges and Opportunities, Georgetown Journal on Poverty Law and Policy (2023). Here’s the abstract: The consumer financial services industry has taken advantage of digital technology to transform the way it provides services to consumers using payment systems. After […]
Earlier this year, I confronted Daniel DeSouza over his law firm’s demand for a “settlement” of $30,000 based on the claim that Asheville acupuncturist James Whittle had infringed the copyright of Prepared Food Photos by posting a colorful image of fruits and vegetables taken by its corporate predecessor Adlife Marketing and Communications. My response explained […]
In a 94-page opinion issued after a lengthy bench trial, a Massachusetts District Judge has found the “Northeast Alliance” between American Airlines and JetBlue, by which the two airlines coordinated their flights out of New York and Boston, to violate the Sherman Act. An appeal is sure to follow. But the main takeaway from the […]
Benjamin L. Cavataro of Villanova has written Regulating Guns as Products, forthcoming in 92 George Washington Law Review (2024). Here’s the abstract: Toy guns are subject to federal product safety regulation. Real guns are not. If a defect in an air rifle causes it to discharge without warning, the manufacturer would be required to promptly […]
In the payday lending industry’s case challenging the CFPB’s funding as unconstitutional, the agency’s opening brief in the Supreme Court and the many amicus briefs in support of the agency have been filed. You can read all of them on the Court’s website, here. Public Citizen’s amicus brief is also posted on our website, here.
American Banker’s Penny Crosman has the story here (behind a paywall but available on Lexis), based on remarks at the Fintech Nexus conference. CFPB Director Rohit Chopra also spoke about how he wants to make it easier for consumers to switch banks so they can more readily take advantage of better prices or service and […]
The Federal Trade Commission has stopped a pair of student loan debt relief schemes that it says bilked students out of approximately $12 million by using deceptive claims about repayment programs and loan forgiveness that did not exist. The agency also says the companies falsely claimed to be or be affiliated with the Department of […]
In 2021, in the case of AMG Capital Management, LLC v. FTC, the Supreme Court held that section 13(b) of the FTCA does not, contrary to a decades-long practice, allow the FTC to obtain equitable monetary judgments via court proceedings without first going through administrative proceedings as required to obtain such relief under section 19. […]
Christopher G. Bradley of Kentucky has written Privacy Policy Indeterminacy. Here’s the abstract: Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers and are […]
Here. In brief, consumer advocacy groups tend to support the limits while industry advocates tend to oppose them. Not surprising.

