That's the topic of The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions by law prof Linda Mullenix. Here is the abstract: In enacting the Class Action Fairness Act of 2005, Congress intended to expand access to federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. Congress […]
by Jeff Sovern Here. Which one do you think consumers are more likely to read? To understand? (HT: ContractsProf Blog)
Amy Widman of Rutgers has written Protecting Consumer Protection: Filling the Federal Enforcement Gap, 69 Buffalo Law Review __ (2021) (Forthcoming). Here is the abstract: Since 2014, when a first-of-its-kind empirical study looked at how public enforcers use their authority under UDAP laws, the enforcement landscape has changed. Most notably, the Trump Administration has weakened […]
by Paul Alan Levy With a signature last week from Governor Cuomo, New York has become the latest state to enact a strong anti-SLAPP law. Addressing flaws that came to the fore in our recent defense of Richard Robbins, the new statute considerably broadens the scope of speech covered by anti-SLAPP protections, and, requires a […]
Student debt forgiveness is gaining traction among Democrats, with Senate Minority Leader Chuck Schumer calling on Joe Biden to forgive $50,000 of student debt via executive action during the first 100 days of his Presidency — that is, to adopt Senator Warren's plan from the primary. Last night, Jason Furman—one of President Obama's top economists—tweeted […]
On the potential importance of state constitutional law: The Supreme Court of Washington has just held that the statutory exclusion of dairy workers from state overtime protections violates the state constitution. Read Martinez-Cuevas v. Deruyter Brothers Dairy. HT to Charlotte Garden.
On Saturday, we posted links to consumer advocates' reactions to the CFPB's new debt collection rules. Want to know how the industry sees the regulations, at least at first? Go here, to AccountsRecovery.net. Here's a hint: "there appeared to be no provisions or restrictions in the rule that should cause collection agencies to lose a […]
The new rules are here. NACA and other groups, calling the rules a "mixed bag for consumers," comment here. Consumer Reports ("CFPB rules fail to protect consumers from abusive debt collection harassment") comments here. The Bureau said it intends to issue more rules in December.
West has published the fifth edition of Dee Pridgen's Consumer Protection Law in a Nutshell, the best short introduction to consumer protection law and an extremely useful volume for students and practitioners alike (disclosure: I commented on the manuscript of the fourth edition and coauthor a casebook with Dee). Here are some of the bigger […]