4th Circuit: Lack of Article III standing resuscitates state-law identity theft protection claim

In its decisions in Spokeo v. Robins and TransUnion v. Ramirez, the Supreme Court held that consumers lack Article III standing to challenge violations of the Fair Credit Reporting Act absent the showing of some concrete harm beyond the publication of inaccurate credit information. On Tuesday, the Fourth Circuit confronted how those decisions interact with […]

Protecting the Expressive Use of Trademarks

An amicus curiae brief filed today on behalf of three former clients whose right to use trademarks for purposes of parody we defended on a number of occasions over the past two decades, urges the Supreme Court to uphold the Rogers v. Grimaldi standard as a screen to weed out weak trademark infringement claims brought […]

Alexa, Siri, and proposals for regulatory solutions to protect consumer privacy

“By listening to and recording users’ voices, voice assistants gather large amounts of personal data that technology companies can share with third parties. Technology experts expect the voice assistant market to continue growing, but there are few federal regulations that apply to voice-activated technology. The U.S. Federal Trade Commission (FTC) has provided recommendations to help […]

WaPo: “Why the South has such low credit scores”

A recent Washington Post article looks at “a big, fat map of credit scores reproduced from a recent economics paper” and finds “any number of tantalizing questions.” But “most intrigu[ing]” is “that big band of credit-score calamity that stretches across the American South”: “Almost every corner of America’s most populous region — every race, every […]

Notorious trademark bully deliberately infringes artist’s copyright

The New York Times reports that Louis Vuitton, perhaps the most notorious trademark bully of them all, used a Joan Mitchell painting in one of its advertisements after her foundation repeatedly refused permission because she had, and it has, a strict policy against commercial use of her work.  The Joan  Mitchell Foundation has sent a […]

FTC’s fair lending report highlights auto dealer practices

Shady auto dealer practices take center stage in the Federal Trade Commission’s latest report on its 2022 enforcement activities related to fair lending. Each year, the FTC submits a letter to the Consumer Financial Protection Bureau recounting actions it took tied to the Equal Credit Opportunity Act, a law to combat discrimination in lending. Last […]

CFPB reports 1/3 decline in collections items on consumer credit reports

The Consumer Financial Protection Bureau has released a report examining trends in credit reporting of debt in collections from 2018 to 2022. The report finds that the total number of collections tradelines on credit reports declined by 33%, from 261 million tradelines in 2018 to 175 million tradelines in 2022. The share of consumers with […]

Predatory Crypto in Real Estate: Paper explores replacement of mortgage consumer protections with crypto

R Wilson Freyermuth of the University of Missouri at Columbia, Christopher K. Odinet of Iowa, and Andrea Tosato of the University of Nottingham, School of Law and Penn have written Predatory Crypto in Real Estate. Here is the abstract: Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. […]